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State v. Canady

Court of Appeals of North Carolina

431 S.E.2d 500 (1993)

Relevant factsFree

North Carolina (plaintiff) prosecuted Canady (defendant) for voluntary manslaughter; the state's sole eyewitness testified the fatal incident happened during daylight, while Canady maintained it occurred after sunset. Canady asked the trial judge to take judicial notice, based on a local newspaper report, that the sun had set at 8:19 p.m. that day and there had been a new moon. The judge declined, the jury convicted Canady, and he appealed, arguing the refusal prejudiced his case.

IssueFree

Whether judicial notice may be taken of an adjudicative fact that is either generally known within the court's jurisdiction or readily verifiable from a source of indisputable accuracy.

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