State v. Smith

WALTERS, Chief Judge.

The state appeals from the post-trial order dismissing the criminal charges against Dion Smith for failure to allege facts sufficient to establish subject matter jurisdiction. The state asserts the district court erred by not taking judicial notice that U.S. Highway 95 is maintained by the state — a jurisdictional fact which was not in evidence. For the reasons specified below, we reverse the order of the district court and remand the case for further proceedings.

By an information dated November 5, 1987, the state charged Dion J. Smith with two offenses, leaving the scene…