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CONRAD v. COM.

Record No. 0321-98-2.

514 S.E.2d 364 (1999)

29 Va. App. 661

Christopher Scott CONRAD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 11, 1999.

Attorney(s) appearing for the Case

Lee W. Kilduff (Morchower, Luxton & Whaley, on brief), Richmond, for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN and ELDER, JJ.

ELDER, Judge.

Christopher Scott Conrad (appellant) appeals from his bench trial conviction for involuntary manslaughter. He contends the evidence was insufficient to prove he acted in a criminally negligent manner. For the reasons that follow, we reverse appellant's conviction.

I.

FACTS

At about 9:00 a.m. on May 11, 1997, on Gayton Road in Henrico County, appellant fell asleep at the wheel of his automobile and

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