United States v. William 'Buddy' Lester

EDWARDS, Circuit Judge.

Appellant was convicted after jury trial on three counts of operating an unregistered still, in violation of 26 U.S.C. §§ 5173(a), 5179(a) and 5222(a) (1970). On his appeal he invokes a long-standing rule of this Circuit that while prior inconsistent statements of a witness may be accepted to rebut that witness’ testimony, and to impeach his credibility before the court, such prior inconsistent statements cannot be employed as substantive proof of a criminal offense. United States v. LaRose, 459 F.2d 361 (6th Cir. 1972); United States v. Lipscomb, 425 F.2d 226 (6th Cir.…