The following excerpt is from Gage v. Borg, 936 F.2d 577 (9th Cir. 1990):
6 Our application of the test is consistent with this court's en banc decision in McKenzie v. Risley, 842 F.2d 1525 (9th Cir.1988) (en banc). In applying the harmless error standard when the 1 jury was told to presume intent the court found the following:
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