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UNITED STATES v. KLARE

No. 76-2176.

545 F.2d 93 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Gene KLARE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 30, 1976.

Attorney(s) appearing for the Case

Kenneth E. Kaney, Asst. Federal Public Defender (argued), of Seattle, Wash., for defendant-appellant.

Jerald E. Olson, Asst. U. S. Atty. (argued), of Seattle, Wash., for plaintiff-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and VAN PELT, District Judge.

Rehearing and Rehearing En Banc Denied December 30, 1976.

PER CURIAM:

Appellant Klare was convicted of taking money from a bank by force, in violation of 18 U.S.C. § 2113(a).1 His principal defense at the trial was that he was so intoxicated that he lacked capacity to form the necessary specific criminal intent to steal from the bank. The trial court, however, excluded evidence of Klare's intoxication and refused to instruct...

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