STATE v. MARSHALL

(4846)

11 Conn. App. 632 (1987)

STATE OF CONNECTICUT v. KURT MARSHALL

Appellate Court of Connecticut.

Decision released July 28, 1987.


Attorney(s) appearing for the Case

James E. Swaine, for the appellant (defendant).

James A. Killen, deputy assistant state's attorney, with whom, on the brief, were James G. Clark and Mary Galvin, assistant state's attorneys, for the appellee (state).

HULL, DALY and BIELUCH, JS.


DALY, J.

The defendant appeals from the judgment of conviction, rendered after a jury trial, of the sale of marihuana in violation of General Statutes § 21a-277 (b). The dispositive issue of the appeal is whether the trial court erred in taking judicial notice of certain facts and in its instructions regarding those facts. We find error.

The following facts are relevant to our analysis: Sometime after conducting a surveillance and completing an undercover...

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