Insley v. State

Joseph Walton Insley was convicted by a jury in St. Mary’s County of driving a vehicle while he was in an intoxicated condition. He complains in this appeal that the trial judge, Joseph A. Mattingly, erred in declining to instruct the jury that it may consider the lesser crime of driving while his ability to drive was impaired by the consumption of alcohol.

Appellant bases his contention upon the provisions of Code, Art. 66V2, § 11-902, read together with § 16-104. Section 11-902 at that time 1 defined different offenses, making it unlawful for any person to drive or to attempt to drive or to…