State v. Longe

Because I believe that the trial judge’s instructions improperly removed one of the essential elements of the crime charged from the jury’s determination, I respectfully dissent.

Defendant was charged with violating § 674(b) of Title 23, which reads as follows:

A person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of section 1201 of this title . . . and who operates or attempts to operate a motor vehicle upon a public highway before reinstatement of the license shall be imprisoned not more than two years or fined not more than $5,000.00, or…