BROOKS v. STATE

No. 1697, September Term, 1988.

80 Md. App. 118 (1989)

560 A.2d 56

MORRIS E. BROOKS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

July 5, 1989.


Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender on the brief), Baltimore, for appellant.

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. and Stuart O. Simms, State's Atty. for Baltimore City, on the brief), Baltimore, for appellee.

Submitted Before WILNER, KARWACKI and POLLITT, JJ.


WILNER, Judge.

A jury in the Circuit Court for Baltimore City convicted appellant of driving while intoxicated. There was ample evidence to support the jury's verdict, and yet we must reverse.

Appellant never suggested that he was not drunk — legally intoxicated — when Officer Lavern Johnson came upon him on the evening of April 6, 1988. He simply denied that he was driving while in that condition.

The case presented a classic conflict...

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