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THOMPSON v. STATE

No. 766, September Term, 1974.

26 Md. App. 442 (1975)

338 A.2d 411

JAMES HOWARD THOMPSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 2, 1975.

Attorney(s) appearing for the Case

Benjamin Lipsitz, with whom was Eleanor J. Lipsitz on the brief, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Marshall H. Feldman, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MASON J., and ROBERT C. MURPHY, Chief Judge of the Court of Appeals of Maryland, specially assigned.

MURPHY, J., delivered the opinion of the Court.

Maryland Code (1970 Repl. Vol.) Art. 66 1/2, § 11-902 provides, in subsection (a), that it shall be unlawful to drive any vehicle while "in an intoxicated condition"; subsection (b) makes it unlawful for any person to drive any vehicle when "his driving ability is impaired by the consumption of alcohol." Section 16-104 entitled "Lesser included offenses" provides that "[i]t shall be sufficient to charge any person...

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