Brown v. State

Jordan, Justice.

Appellant was convicted of homicide by vehicle, sentenced to 5 years and appeals.

Briefly stated, the state’s evidence shows that the appellant while driving under the influence attempted to pass another vehicle on a hill across a yellow line, collided with an oncoming car, causing injuries to Linda Jones from which she died.

1. The appellant contends that the court erred in overruling his plea in abatement which asserted that 20 of the 23 grand jurors who returned the indictment against him during the June Term were ineligible under Code § 59-114 to serve because they had…