State v. Hicks

ON CRIMINAL PETITION FOR TRANSFER

GIVAN, Justice.

Although we agree with the majority opinion of the Court of Appeals, we also note that the law stated in the dissenting opinion is correct as far as the general application of the law regarding judicial notice is concerned. State v. Hicks (1988), Ind.App., 519 N.E.2d 1276. We therefore write this opinion for the sole purpose of clarifying the application of the law as far as the unusual circumstances of this case are concerned.

The statement of facts as set out in the majority opinion of the Court of Appeals is reproduced verbatim, as follows:

“On…