charging clause (Kansas) · Go Syfert
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charging clause in Kansas

5 Kansas opinions name it 1 courts 1927–2012 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Perkinsgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2012–2012
1 sentence

2012See Perkins, 296 Kan. at 166 -67 (citing Brown, 295 Kan. at 196-97 ).

11
State v. Browngreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2012–2012
1 sentence

2012See Perkins, 296 Kan. at 166 -67 (citing Brown, 295 Kan. at 196-97 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Douglas green
kan · 1927
2 sentences

1955(See State v. White, 14 Kan. 538, 539 ; State v. Child, 42 Kan. 611, 614 , 22 Pac. 721 .) This court has held in the case of State v. Douglas, 124 Kan. 482 , 260 Pac. 655 , that the use of “and” might be preferable in the charging clause but the use of “or” in the disjunctive is well within the rule if it follows the statute.

1955(See State v. White, 14 Kan. 538, 539 ; State v. Child, 42 Kan. 611, 614 , 22 Pac. 721 .) This court has held in the case of State v. Douglas, 124 Kan. 482 , 260 Pac. 655 , that the use of “and” might be preferable in the charging clause but the use of “or” in the disjunctive is well within the rule if it follows the statute.

21935–1955
Carmichael v. State green
kan · 1994
2 sentences

1994The issue is controlled by Carmichael v. State, 255 Kan. 10 , 872 P.2d 240 (1994).

1994The issue is controlled by Carmichael v. State, 255 Kan. 10 , 872 P.2d 240 (1994).

11994–1994
State v. White neutral
kan · 1875
1 sentence

1955(See State v. White, 14 Kan. 538, 539 ; State v. Child, 42 Kan. 611, 614 , 22 Pac. 721 .) This court has held in the case of State v. Douglas, 124 Kan. 482 , 260 Pac. 655 , that the use of “and” might be preferable in the charging clause but the use of “or” in the disjunctive is well within the rule if it follows the statute.

11955–1955
State v. Child neutral
kan · 1889
1 sentence

1955(See State v. White, 14 Kan. 538, 539 ; State v. Child, 42 Kan. 611, 614 , 22 Pac. 721 .) This court has held in the case of State v. Douglas, 124 Kan. 482 , 260 Pac. 655 , that the use of “and” might be preferable in the charging clause but the use of “or” in the disjunctive is well within the rule if it follows the statute.

11955–1955
State v. Schweiter green
kan · 1882
1 sentence

1935In the light of these circumstances the principle announced in the case of State v. Douglas, 124 Kan. 482 , 260 Pac. 655 , is applicable here, syllabus one of which reads: “The overruling of a motion to quash a count in an information because the disjunctive ‘or’ is used in the charging clause instead of the conjunctive ‘and,’ when it follows the language of the statute and refers to things as objects rather than the doing of things, and where it is used between synonymous words or terms rather than distinct alternatives, is not reversible error.” In the same ease this court quoted from 30 Cyc

11935–1935
State v. Seeger neutral
kan · 1902
2 sentences

1927It would not be within the rule if it were concerning the alleged doing of something by the defendant, as in the case of State v. Seeger, 65 Kan. 711 , 70 Pac. 599 , but here it concerns the objects — the ones whom the defendant treated.

1927It would not be within the rule if it were concerning the alleged doing of something by the defendant, as in the case of State v. Seeger, 65 Kan. 711 , 70 Pac. 599 , but here it concerns the objects — the ones whom the defendant treated.

11927–1927

Where else courts name it

TX 105 (1912–2025) GA 34 (1944–2024) NY 10 (1912–2013) CA 9 (1945–2022) NJ 8 (1984–2022) WI 7 (1900–2020) WA 6 (2010–2012) KS 5 (1927–2012) IL 4 (1955–2014) TN 3 (2008–2025) VI 3 (2010–2024) VA 3 (2008–2024) HI 2 (2008–2013) NV 2 (2012–2014) MD 2 (1974–1999) FL 2 (2015–2018) CO 2 (2012–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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