United States v. Henderson

OPINION OF THE COURT

FULTON, Senior Judge:

The controversy on this appeal surrounds appellant’s conviction of knowingly receiving approximately 30 stolen field jackets (Specification 2 of Charge I) and some 1,200 pieces of stolen silverware (Specification 3 of Charge I) in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1976).1

The question to be resolved is whether the appellant’s participation in the larceny of the field jackets and silverware was of *846such a character as to make his receipt of the stolen property a part of the theft itself rather than properly…