Illinois Appellate Court Unpublished Opinions: Second Series Ill. App.2d.V.132
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App. 2d 446, 240 N.E. 2d 417 (1968) .
In his second contention, defendant asserts that the trial court erred by refusing to take judicial notice of the meaning of the amount of alcohol in the deceased's bloodstream.
We do not agree. VJhile a court may take judicial notice of that which everyone knows to be true. People v. Tassone , 41 111. 2d 7, 241 N.E. 2d 419 (1968), cert , denied , 394 U.S. 965 (1969), v;e 'do not believe that the fact in question here is a matter of common knowledge. The ef...fect of alcohol upon all persons is not the - same, Osborn v. Leuffg e n , 381 111. 295, 45 N.E. 2d 622 (1942), and the trial judge was obviously av;are of this when he refused to take judicial notice and suggested that defense counsel could introduce expert testimony on the point. Moreover, the statutory presumption of intoxication under the Motor Vehicle Act is related to the State's promotion of highway safety and, therefore, has 53960-54427 no application to this case.
Defendant also contc^jds that.
What to read after Illinois Appellate Court Unpublished Opinions: Second Series Ill. App.2d.V.132?
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To quickly assess the difficulty of the text, read a short excerpt:
App. 2d 446, 240 N.E. 2d 417 (1968) .
In his second contention, defendant asserts that the trial court erred by refusing to take judicial notice of the meaning of the amount of alcohol in the deceased's bloodstream.
We do not agree. VJhile a court may take judicial notice of that which everyone knows to be true. People v. Tassone , 41 111. 2d 7, 241 N.E. 2d 419 (1968), cert , denied , 394 U.S. 965 (1969), v;e 'do not believe that the fact in question here is a matter of common knowledge. The ef...fect of alcohol upon all persons is not the - same, Osborn v. Leuffg e n , 381 111. 295, 45 N.E. 2d 622 (1942), and the trial judge was obviously av;are of this when he refused to take judicial notice and suggested that defense counsel could introduce expert testimony on the point. Moreover, the statutory presumption of intoxication under the Motor Vehicle Act is related to the State's promotion of highway safety and, therefore, has 53960-54427 no application to this case.
Defendant also contc^jds that.
What to read after Illinois Appellate Court Unpublished Opinions: Second Series Ill. App.2d.V.132?
You can find similar books in the "Read Also" column, or choose other free books by Illinois Appellate Court to read onlineMoreLess
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