State v. Vejvoda

Today, the majority holds that harmless error occurred during a bench trial of a criminal case when the trial court took judicial notice of venue.

Today’s holding conflicts with our holding in State v. Bouwens, 167 Neb. 244, 92 N.W.2d 564 (1958). In Bouwens, this court affirmed the decision of the district court which dismissed a complaint against the defendant for disturbing the peace. While noting that “[i]t is fundamental that venue must be proven as any other essential fact,” id. at 246, 92 N.W.2d at 566, the court held that the mere reference to streets and addresses in an unnamed city,…