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INSLEY v. STATE

No. 1276, September Term, 1975.

32 Md. App. 46 (1976)

358 A.2d 246

JOSEPH WALTON INSLEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 9, 1976.

Attorney(s) appearing for the Case

Submitted by Charles A. Norris for appellant.

Submitted by Francis B. Burch, Attorney General, Deborah K. Handel, Assistant Attorney General, George R. Sparling, State's Attorney for St. Mary's County and John F. Slade, III, Assistant State's Attorney for St. Mary's County, for appellee.

The cause was submitted on briefs to MORTON, POWERS and MASON, JJ.

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

Joseph Walton Insley was convicted by a jury in St. Mary's County of driving a vehicle while he was in an intoxicated condition. He complains in this appeal that the trial judge, Joseph A. Mattingly, erred in declining to instruct the jury that it may consider the lesser crime of driving while his ability to drive was impaired by the consumption of alcohol.

Appellant...

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