Hurston v. State

Smith, Presiding Judge.

Michael Wayne Hurston was indicted by a Carroll County grand jury on two counts of driving under the influence of alcohol, one “per se” count on the basis of his measured blood alcohol content and the other on the basis of his being “less safe” to drive, and two corresponding counts of homicide by vehicle in the first degree. At trial, the jury was unable to reach a verdict on either of the per se counts, but found Hurston guilty of homicide by vehicle and driving under the influence on the “less safe” counts, which were Counts 1 and 3. Hurston’s amended motion for new…