Rehearing En Banc Denied January 4, 1980.
BAUER, Circuit Judge.
Appellant Gristeau, a Menominee Indian, was found guilty of violating 18 U.S.C. §§ 1153 and 661 for taking a Ruger .357 magnum revolver from a tribal policeman while on the Menominee Indian reservation in Keshena, Wisconsin. The issue on appeal is whether the district court erred in refusing to instruct the jury that they had to find that the appellant intended to permanently deprive...
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