United States v. Lee Ted Horning

SOBELOFF, Circuit Judge:

Convicted of larceny of Government property having a value in excess of $100 in violation of 18 U.S.C. § 641, Lee Ted Horning on this direct appeal contends that the evidence was insufficient to support the jury’s verdict of guilty and, more particularly, that there was insufficient basis for a finding that the value of the stolen property exceeded $100. 1

I

The evidence against Horning, a soldier whose duty station is Fort Eustis, Virginia, consists largely of the testimony of Ivan Gillihan, another soldier, who is stationed at Fort Story, Virginia. At the trial,…