State v. Scott

210 N.E.2d 289, 3 Ohio App. 2d 239, 32 Ohio Op. 2d 360, 1965 Ohio App. LEXIS 551
CourtOhio Court of Appeals
DecidedAugust 31, 1965
Docket1645
StatusPublished
Cited by32 cases

This text of 210 N.E.2d 289 (State v. Scott) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Scott, 210 N.E.2d 289, 3 Ohio App. 2d 239, 32 Ohio Op. 2d 360, 1965 Ohio App. LEXIS 551 (Ohio Ct. App. 1965).

Opinion

Lynch, J.

This is an appeal on questions of law from a conviction of defendant-appellant in the Newton Falls Municipal Court for operation of a motor vehicle while under the influence of alcohol as the result of an arrest on the Ohio Turnpike by a State Highway Patrolman.

Defendant-appellant’s first assignment of error is that the state has failed to prove that the offense was committed within the territorial jurisdiction of the trial court.

The Newton Falls Municipal Court was created by Section *240 1901.01, Revised Code, of the Uniform Municipal Court Act, and its territorial jurisdiction as provided by Section 1901.02, Revised Code, in addition to the corporate limits of Newton Falls, includes Bristol, Bloomfield, Lordstown, Newton, Brace-ville, Southington, Farmington and Mesoptamia Townships in Trumbull County.

Section 1901.20, Revised Code, provides, in part, as follows:

“The Municipal Court has jurisdiction of the violation of any ordinance of any municipal corporation within its territory and of any misdemeanor committed within the limits of its territory. # #

Section 2938.10, Revised Code, provides, in part, as follows:

“The state or municipality in all cases must prove the offense committed within the territorial jurisdiction of the court * *

The pertinent testimony as to the location of this traffic violation is as follows:

Mr. Lloyd Wiseman, a serviceman of Passarelli Brothers, who works on service breakdowns on the Ohio Turnpike, first saw defendant parked at the Niles-Youngstown interchange. Mr. Wiseman was going to Milepost 209, which he later indicated was the Warren Interchange. Mr. Wiseman radioed the State Patrol from the Niles-Youngstown Interchange as to defendant’s condition. Mr. Wiseman followed defendant’s car for about seven miles until about Milepost 212, when the State Patrolman passed him. The State Patrolman followed defendant’s car for about three miles and ordered defendant’s car to stop. Mr. Wiseman then passed them and went to the Warren interchange.

State Patrolman Thomas G. Summer testified that while on duty on the Ohio Turnpike he received a radio report on defendant, and he first observed defendant driving his ear westbound on the Ohio Turnpike at approximately Milepost 212 on the Ohio Turnpike. He followed him approximately three miles and then ordered him to stop and arrested him. He then took defendant to the Newton Falls Police Department.

At the conclusion of the case, the attorney for defendant-appellant moved for a directed verdict and for dismissal of the case on the ground that the state failed to prove jurisdiction. *241 The court overruled this motion “for the reason it is my recollection that the Patrol Officer and this last witness, Mr. Wise-man, both or either of them have testified as to the milepost and the area of where the occurrences have happened, and I take judicial notice that the area in which this alleged offense is said to have occurred is within the territorial limits of this court, and in the County of Trumbull and State of Ohio.”

Defendant-appellant contends that the record of the trial does not disclose sufficient evidence to warrant the determination that the offense committed by the defendant was committed within the territorial jurisdiction of the trial court, and cited as authority for his position the unreported case of State v. Baker, Trumbull County Common Pleas Case No. 71889, which has been the subject of considerable interest in this area. The Baher case was not appealed, and this is the first time that this issue has been presented in this court.

In the Baher case the arrest for driving while intoxicated was made by a State Highway Patrolman on the Ohio Turnpike, and the defendant was convicted in the County Court of Newton Falls, which preceded the present Municipal Court of Newton Palls. The defendant appealed to the Common Pleas Court of Trumbull County, which reversed the judgment of the Newton Palls County Court and discharged the defendant for several reasons, among which was that the state failed to prove that the offenses were committed within the territorial jurisdiction of the trial court. The only evidence in the record was that Baker was observed in the area of Milepost 210, and the Trumbull County Common Pleas Court held that the Newton Palls County Court could not take judicial notice as to the location of Milepost 210 on the Ohio Turnpike.

The issue thus presents itself as follows: May a trial judge take judicial notice of the existence of the Ohio Turnpike and an interchange of such Turnpike within the territorial jurisdiction of his court? If the Ohio Turnpike does pass through the territorial jurisdiction of his court, may a trial judge take judicial notice of the location of specific mileposts of the Ohio Turnpike for the purpose of determining whether such mileposts are within the territorial jurisdiction of his court?

A research of the law applicable to this case was made but no reported Ohio case on the issue of judicial notice of the jur *242 isdiction of a court as to an offense occurring on the Ohio Turnpike was found. None of the briefs of the respective parties contained any reported Ohio cases.

15 Ohio Jurisprudence 2d 474, Criminal Law, Section 299, states:

“The general rule may be stated broadly that courts will take judicial notice of whatever is generally known or ought to be generally known within the limits of their jurisdiction, for the court is presumed to know what is of common knowledge.

Courts may take judicial notice of geographical facts which are matters of common knowledge, particularly those existing within the jurisdiction of the court. 21 Ohio Jurisprudence 2d 58, Evidence, Section 43; 31 Corpus Juris Secundum 935, Evidence, Section 32; 20 American Jurisprudence 74-75, Evidence, Section 50. 20 American Jurisprudence 76, Evidence, Section 50, states:

“The question whether a specific geographical fact is entitled to judicial notice is considerably simplified if such fact is the creature of statute; for in such case the court will take notice of the statute and incidentally the geographical fact, regardless of the notoriety of the latter. ’ ’

It is generally held that a court will take judicial notice of the limits of its jurisdiction and the extent of the territory therein included. Zimmerman v. Rockford Stone Co., 93 Ohio Law Abs. 47; 21 Ohio Jurisprudence 2d 70, Evidence, Section 57; 20 American Jurisprudence 103, Evidence, Section 85.

In State v. Neff, 104 Ohio App. 289, the court held that in a criminal case venue need not be proved in express terms but may be established by all the facts and circumstances in the case, and that the Findlay Municipal Court could take judicial notice that an intersection at a Main Street and a Front Street is located within the city of Findlay.

31 Corpus Juris Secundum 833-835, Evidence, Section 12, states:

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Cite This Page — Counsel Stack

Bluebook (online)
210 N.E.2d 289, 3 Ohio App. 2d 239, 32 Ohio Op. 2d 360, 1965 Ohio App. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scott-ohioctapp-1965.