specially concurring.
I concur in the specially concurring opinion of Justice Thomas, but I do not hold with the specially concurring opinion of Justice Raper for two reasons:
First, the right of the State of Wyoming to appeal an adverse decision in a criminal case is not raised and, therefore, according to our traditional position, we should not undertake decision-making where issues are not raised by the parties to the appeal, ABC Builders, Inc. v. Phillips, Wyo., 632 P.2d 925 (1981).
Secondly, Justice Raper has not shown me that there is any authority for the State of Wyoming to “appeal” an adverse decision. So far as I am concerned, bills of exception remain the only avenue along which the State may travel to find relief from where the decision in the district court is adverse in a criminal prosecution.