Note 352 — Chapter XXII · Higher Courts Free Schmitz and Ruef.

Heney’s reply to Chief Justice Beatty was published in The Sacramento Bee. Section 961 of the California Penal Code expressly provides that no fact of which a court may take judicial notice, need be alleged in any indictment. The Codes enumerate certain matters of which the courts are required to take judicial notice. Among the matters are “State offices and their incumbents.” The Political Code defines who are “State officers,” and among them are included “Mayors of Cities.” Heney, in his reply, held Chief Justice Beatty and the court to be wrong, even on the face of the statute. No lawyer in the State attempted to answer Heney’s reply, although many of them would have been glad to have earned recognition from the Supreme Court by doing so.