U.S. v. Whitten, 56 M.J. 234

Core Criminal Law Subjects: Crimes: Article 81 - Conspiracy Pre-2019 offenses

1. a conspirator who joins an existing conspiracy can be convicted of conspiracy only if, at or after the time of joining the conspiracy, an overt act in furtherance of the object of the agreement is committed
2. viewed under the standard for assessing legal sufficiency of the evidence, Court finds legally sufficient evidence to find appellant guilty of conspiracy to commit larceny and larceny where: (1) R and M formed an agreement, manifested by their conduct, to steal a duffel bag; (2) appellant joined the ongoing conspiracy to steal the duffel bag; (3) several overt acts in furtherance of the conspiracy were committed after appellant joined the conspiracy; and (4) appellant aided and abetted the larceny before asportation of the stolen property was complete

Core Criminal Law Subjects: Crimes: Article 121 - Larceny and Wrongful Appropriation Pre-2019 offenses

1. the crime of larceny by taking continues as long as asportation of the property continues; factually, the original asportation continues as long as the perpetrator is not satisfied with the location of the goods and causes the flow of their movement to continue relatively uninterrupted
2. viewed under the standard for assessing legal sufficiency of the evidence, Court finds legally sufficient evidence to find appellant guilty of conspiracy to commit larceny and larceny where: (1) R and M formed an agreement, manifested by their conduct, to steal a duffel bag; (2) appellant joined the ongoing conspiracy to steal the duffel bag; (3) several overt acts in furtherance of the conspiracy were committed after appellant joined the conspiracy; and (4) appellant aided and abetted the larceny before asportation of the stolen property was complete

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the standard for reviewing the legal sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt