STATE v. GANDEE

No. 15635.

587 P.2d 1064 (1978)

STATE of Utah, Plaintiff and Respondent, v. Kenneth J. GANDEE, Defendant and Appellant.

Supreme Court of Utah.

November 3, 1978.


Attorney(s) appearing for the Case

Ronald W. Perkins, Ogden, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Craig L. Barlow, Asst. Attys. Gen., Salt Lake City, Robert L. Newey, Weber County Atty., Ogden, for plaintiff and respondent.


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...

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