Legg v. State

In Legg v. State 594 S.W.2d 429 (Tex. Crim. App. 1980), the defendant argued that the State failed to prove that the Taylor County Jail was a penal institution. The Court took judicial notice that the Taylor County jail was a jail. In doing so, we stated that "courts can take judicial notice of the laws of this State." But we were not actually taking judicial notice of a law. The Court was taking judicial notice of a fact. The Court seemed to recognize that ourselves when we explained that "if a fact is judicially noticed, it need not be pleaded or proved" and, therefore, "the failure of the State to prove that Taylor County Jail is a penal institution as defined in the Penal Code did not render the evidence insufficient to sustain the conviction."