State v. Carmody
State v. Carmody
Opinion of the Court
Opinion by
The defendant was tried and convicted of selling intoxicating liquor to one Joe Heenan in Horeb Precinct, in Marion County, in violation of an order of the county court prohibiting the sale of such liquor in such precinct, made in pursuance of the provision of the local option law adopted by the people June 6, 1904. The proof tended to show that defendant sold intoxicating liquor to the person named in the information in the town of Gates, Marion County; but there is no proof that Gates is in Horeb Precinct. The court, however, assumed to know judicially that such is the case, and so instructed the jury.
This, we think, was error. “Courts will generally take notice,” said Greenleaf, “of whatever ought to be generally known within the limits of their jurisdiction.” 1 Greenleaf, Evidence (14 ed.) § 6. They will, therefore, know judicially whatever is established by law (Section 720, B. & C. Comp.), and as a consequence the location of counties, towns, precincts or other local subdivisions, so far as they may be disclosed by public statute (16 Cyc. 859; 17 Am. & Eng. Ency. Law [2 ed.] 911, but not where
Reference
- Full Case Name
- STATE v. CARMODY
- Status
- Published