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8 Kan. App. 344

State v. Brooks

Court of Appeals of Kansas

Decided April 26, 1899

Court of Appeals of Kansas · decided 1899-04-26

<p>Criminal Law — Venue — Judicial Noti.ee. Courts will take judicial notice that the city of Topeka, Kansas, is in Shawnee county, and proof that an offense was committed in the city of Topeka, Kansas, is proof that it was committed in Shawnee county.</p>

Relies on Sullivan v. People

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-04-26

How this case has been cited

Cited by 4 later decisions — most recently April 1985

4 state decisions

101899190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by

Wells, J.:

¶2The only reason urged by the defendant why the judgment of the district court should be reversed is that the state failed to prove that the offense was committed in Shawnee county. A review of the evidence shows that of the witnesses who testified on the trial each one located the place where the offense was committed as 514 or 516 Kansas avenue, or both of, said numbers, except George Bass, who located it at 514, without even giving the name of the street, and R. M. Curtis at 514 and 516 Kansas avenue, up-stairs, known as the Jockheck building; but by agreement the affidavit of George Hungate was admitted, and in his evidence the location was fixed at 514 and 516 Kansas avenue, in the city of Topeka, Kansas. This was sufficient to fix the venue. Courts will take judicial notice of such general facts as everybody in their jurisdiction is supposed to know. In State v. Reader, 60 Iowa, 527, 15 N. W. 423, it was said : “As the court will take judicial notice in what *345county a given incorporated town is situated, when it is proven that a crime was committed in an incorporated town, the venue is sufficiently shown.” In Sullivan v. People, 122 Ill. 385, 13 N. E. 248, it was held : “The court will take judicial notice that Chicago is in Cook county, and proof that a crime is committed in Chicago is proof that it was committed in Cook county.”

¶3The evidence was sufficient to sustain the verdict. The judgment of the district court is affirmed.

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