State v. Lesley

I concur in the result. However, I prefer to rest my concurrence in the denial of the defendant’s pretrial motion to suppress the evidence seized from his pack upon the ground that he has not provided us with a record by which we may review that ruling. I do not subscribe to the holding in the majority opinion that the ruling is not reviewable because the defendant failed at the trial to object to the admission of the evidence.

Rule 12 of the Utah Rules of Criminal Procedure (codified as U.C.A., 1953, § 77-35-12) provides in pertinent part:(a) ...

*83(b) Any defense, objection or request including…