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UNITED STATES v. STEWART

No. 23336.

413 F.2d 988 (1969)

UNITED STATES of America, Appellee, v. Robert Douglas STEWART, Appellant.

United States Court of Appeals Ninth Circuit.

July 2, 1969.

Attorney(s) appearing for the Case

Mitsuo Uyehara (argued), Honolulu, Hawaii, for appellant.

Michael R. Sherwood (argued), Asst. U. S. Atty., Yoshimi Hayashi, U. S. Atty., Honolulu, Hawaii, for appellee.

Before HAMLEY, MERRILL and ELY, Circuit Judges.

PER CURIAM:

This appeal follows a trial in which the appellant was convicted for stealing United States property. 18 U.S.C. § 641. Seeking reversal, the appellant's appointed counsel urges, most adroitly, that our court should adopt a new test of criminal responsibility and abandon Sauer v. United States, 241 F.2d 640 (9th Cir.), cert. denied, 354 U.S. 940, 77 S.Ct. 1405, 1 L.Ed.2d 1539 (1957), and its progeny. The record, however...

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