United States v. Bower

660 F.2d 527 (5th Cir. 1981)

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Nature of the Case

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Facts

D, a resident of Fort Benning, Georgia, went to the home of a neighbor, Mrs. Galliday, and stated that she had struck her two and a half-year-old daughter, Kimberly and that Kimberly might be dead. D struck Kimberly for wetting her pants, then Kimberly somehow fell into an empty bathtub. When Kimberly arrived at the hospital she had no heartbeat and was not breathing. Dr. Broughton, a pediatrician, along with a cardiac arrest team, and several other physicians attempted for forty-five minutes to resuscitate the child but were unsuccessful. During trial, D asserted that the court committed error in taking judicial notice that 'Fort Benning, Georgia, is on land which is property of the United States and is under the jurisdiction of (the) United States.' D was convicted. D appealed.