IRVING R. KAUFMAN, Circuit Judge:
In 1967 the defendant Roy Mark, a laborer in an apple orchard, lived in the Vermont countryside, three miles from the village of Saxton's River. He was, as were many of his neighbors, an avid hunter and possessed several guns in his house. The newest and best of these guns, a Marlin 35 calibre deer rifle, was kept loaded with a full magazine but no bullet in the chamber. Mark's wife felt more comfortable knowing a loaded gun was close...
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