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384 F.2d 158

Docket No. 24727.

Driggers v. United States

Fifth Circuit Court of Appeals

Decided Dec. 14, 1967.

Fifth Circuit Court of Appeals · decided 1967-12-14

2 counsel of record

Applies 26 U.S.C. § 5604

Relies on Boston Dicks and Alfred Copeland v. United States · Burney v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1967-12-14

How this case has been cited

Cited by 5 later decisions — most recently May 1982

3 federal appellate · 1 state decisions

30196719701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1John C. Walters, Troy, Ala., for appellant.

¶2Ben Hardeman, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for appellee.

¶3Before COLEMAN and SIMPSON, Circuit Judges, and DAWKINS, District Judge.

¶4PER CURIAM:

¶5 A jury convicted the appellant of the unlawful sale of twenty gallons of whiskey without the immediate containers being stamped, 26 U.S.C.A. § 5604 (a) (1). He here complains that the trial court erred in permitting the Government witnesses to testify that there were no stamps on the jugs instead of producing the jugs as the best evidence. This was not error, Burney v. United States, 5 Cir., 1964, 339 F.2d 91; Dicks v. United States, 5 Cir., 1958, 253 F.2d 713.

¶6It is next contended that the Court should have, in effect, instructed the jury that the defendant was not *159guilty by reason of entrapment, further that objections should not have been sustained to the form of some of the questions sought to be propounded on behalf of appellant with reference to alleged entrapment. We are of the view that the evidence in this case presented a typical jury issue as to entrapment and that no other reversible errors appear in this record.

¶7Affirmed.

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