State v. McCallum

I concur in the Per Curiam opinion of the Court, but, since the Court is reversing McCallum’s conviction because the judge erroneously failed to instruct the jury that mens rea is necessary to convict for driving while suspended, I believe we should for the guidance of the trial court elaborate on the mens rea that would be necessary to convict.

The Court of Special Appeals defined mens rea with a quote from Judge Learned Hand:

“Ordinarily one is not guilty of a crime unless he is aware of the existence of all those facts which make his conduct criminal. That awareness is all that is meant by…