State v. Gandee

In my view, the main opinion does violence to the well-established Utah law concerning lesser included offenses. It induces confusion where harmony, consistency, and predictability could be maintained.

The defendant was convicted in a jury trial of carrying a concealed weapon in violation of 76-10-504, Utah Code Annotated, 1953, a third-degree felony under the following abstracted circumstances. We should reverse and remand for a new trial. All statutory references are to U.C.A., 1953.

A police officer heard four shots, saw defendant come out of a house and enter a truck. The officer followed…