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State v. Canady
Court of Appeals of North Carolina
431 S.E.2d 500 (1993)
North Carolina (plaintiff) prosecuted Canady (defendant) for voluntary manslaughter. At trial, Canady disputed the single eyewitness's testimony that the fatal incident occurred during daylight. Canady said it occurred after sunset. Canady asked the judge to take judicial notice that the sun set at 8:19 p.m. that day and there was a new moon, as reported in the local newspaper. The judge refused Canady's request and the jury convicted Canady. Canady appealed to the Court of Appeals of North Carolina on the grounds the refusal prejudiced his case.
Rule of Law
Holding and Reasoning (Greene, J.)
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