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BROWN v. STATE

No. 41, September Term, 1988.

76 Md. App. 630 (1988)

547 A.2d 1099

JAMES CURTIS BROWN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

October 3, 1988.

Attorney(s) appearing for the Case

R. William Hale, Rockville, for appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Alexander Williams, Jr., State's Atty., for Prince George's County on the brief of Upper Marlboro), for appellee.

Submitted before GILBERT, C.J., WENNER and POLLITT, JJ.

GILBERT, Chief Judge.

The overriding question we are asked in this appeal is whether two prior convictions for driving while intoxicated may be used to show the "gross negligence" element of manslaughter by automobile.

A jury in the Circuit Court for Prince George's County convicted Brown of manslaughter by automobile (Md. Code Ann. art. 27, § 388); reckless driving (Md.Transp.Code Ann. § 21-901.1(a) (Transp. Art.); negligent driving (Transp. Art...

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