State v. Gandee

CROCKETT, Justice:

Defendant seeks reversal of his conviction by a jury of the crime of carrying a concealed dangerous weapon in violation of Sec. 76-10-504, U.C.A., 1953, a third degree felony. His grounds of attack are: (1) Insufficiency of the evidence, and (2), failure to instruct on what he claims is an included offense of carrying a loaded firearm which is proscribed by the succeeding Section, 76-10-505.

On the evening of September 29, 1975, Officer Corey Bott of the South Ogden Police responded to a call that there was violence at the residence, 5415 South 800 East. As the officer…