FERGUSON, District Judge:
This unusual case presents the issue of whether its facts, when viewed as alleged by the appellant, conclusively demonstrate his guilt.
The appellant was charged with a felony violation of 18 U.S.C. § 641, the indictment alleging that on May 14, 1970, at the Naval Supply Center at Alameda, California, he stole a pallet of copper plates which was the property of the United States and valued in excess of one hundred dollars.
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