Sears v. State

THOMAS, Justice,

concurring, with whom ROSE, Chief Justice, joins.

I concur with the result reached by the majority opinion and with that said therein concerning the propriety of identification. I do not believe it appropriate to address the issue relative to the constitutionality of § 6-4-304, W.S.1977, the third degree sexual assault statute, inasmuch as the issue was not raised until after trial and before sentencing. Generally, we will not consider matters on appeal which have not been considered by the trial court. City of Rock Springs v. Police Protective Association, Wyo., 610 P.2d 975 (1980); Zwick v. United Farm Agency, Inc., Wyo., 556 P.2d 508 (1976); Mercer v. Thorley, 48 Wyo. 141, 43 P.2d 692 (1935).