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STATE v. GIBSON

[No. 321, September Term, 1968.]

254 Md. 399 (1969)

254 A.2d 691

STATE OF MARYLAND v. GIBSON

Court of Appeals of Maryland.

Decided June 30, 1969.

Attorney(s) appearing for the Case

L. Robert Evans, Deputy State's Attorney for Baltimore County, with whom were Francis B. Burch, Attorney General, Robert A. DiCicco, Assistant Attorney General, and Samuel A. Green, Jr., State's Attorney for Baltimore County, on the brief, for appellant.

Donald J. Gilmore, with whom was Richard D. Byrd on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN and SMITH, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

The State indicted Michael Dana Gibson in five counts for causing the death of Diana Grempler by the unlawful operation of a motor vehicle. The State's attorney for Baltimore County seemingly feared he could not prove gross negligence for in the first four counts he sought to charge involuntary manslaughter by automobile solely by reason of a violation of law without alleging gross negligence. The first count charged...

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