Commonwealth v. Brown
Commonwealth v. Brown
Opinion of the Court
Appellant contends that the lower court erred in taking judicial notice of the location of a particular interstate highway milepost. Because we find judicial notice inappropriate, and thus, the evidence insufficient to support the court’s jurisdiction, we must reverse the judgment of sentence and order appellant discharged.
On April 26, 1980, appellant was stopped by a Pennsylvania State Trooper on Interstate 76 and cited for speeding and driving with an expired registration. Appellant was found guilty by the District Justice and took a de novo appeal to the Montgomery County Common Pleas Court. At the non-jury trial, the trooper testified that he was positioned at mile post 290 on Route 76 when appellant entered the “zone of influence” of his stationary radar unit and was clocked at 72 miles per hour in a 55 miles per hour zone. Appellant demurred to the Commonwealth case, arguing that it had not been established that he had committed the offense in Montgomery County. The lower court took judicial notice that milepost 290 was in Upper Merion
Appellant contends that the lower court erred in taking judicial notice of the location of a milepost on an interstate highway. “The doctrine of judicial notice is intended to avoid the necessity for the formal introduction of evidence in certain cases when there is no real need for it,—where a fact is so well established as to be a matter of common knowledge.”
Judgment of sentence reversed and appellant discharged.
. Appellant was fined $59 for speeding and $25 for driving with an expired registration.
. We note that Pennsylvania has not adopted the Federal Rules of Evidence’s alternate basis for judicially noticing facts, i.e., those “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” F.R.E. 201(b).
Dissenting Opinion
dissenting:
I respectfully dissent. I would affirm on the opinion of Judge Davenport. In the alternative, I would adopt the principle expressed in F.R.E. 201(b) and affirm the judgment of sentence.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Steven BROWN, Appellant
- Cited By
- 5 cases
- Status
- Published