History:
L. 1972, ch. 114, § 1; L. 1975, ch. 196, § 2; Repealed, L. 1978, ch. 119, § 1; July 1.
CASE ANNOTATIONS
1. No error in failure to include instruction hereunder in prosecution under K.S.A. 21-2437; lack of evidence. State v. Gander, 220 Kan. 88, 89, 551 P.2d 797.
2. Court did not err in refusing to instruct hereunder as lesser included offenses of aggravated battery. State v. Wright, 221 Kan. 132, 136, 137, 141, 557 P.2d 1267.
3. First degree murder prosecution; not error to instruct hereunder under facts. State v. Franklin, 221 Kan. 739, 744, 561 P.2d 860.
4. Conviction hereunder reversed; statute declared unconstitutional and void as being impermissibly vague. State v. Kirby, 222 Kan. 1–10, 563 P.2d 408.
5. Conviction based on a jury instruction as to a crime held to be unconstitutionally vague cannot stand. State v. Woods, 222 Kan. 179, 186, 563 P.2d 1061.
6. Defendant's conviction hereunder reversed; section unconstitutional. State v. Wilson, 223 Kan. 563, 565, 575 P.2d 32.
7. Provisions vague; constitutional due process not met; conviction hereunder reversed. State v. Sullivan, 224 Kan. 110, 578 P.2d 1108.
8. Convictions hereunder reversed; statute held unconstitutionally vague. State v. McQueen & Hardyway, 224 Kan. 420, 422, 582 P.2d 251.
9. Conviction hereunder void; reversed. State v. Sanders, 225 Kan. 156, 159, 587 P.2d 906.
10. Not reversible error to instruct hereunder even though section unconstitutional because defendant not found guilty hereunder. State v. Trujillo, 225 Kan. 320, 324, 590 P.2d 1027.
11. Mentioned in holding K.S.A. 21-3608 unconstitutionally vague and indefinite for failure to establish reasonably definite standards of guilt required by due process of law. State v. Meinert, 225 Kan. 816, 819, 594 P.2d 232.
12. Writ of habeas corpus granted; conviction hereunder, as lesser included offense, implied acquittal of aggravated battery charge; abuse of child prosecution based on acts proved in former prosecution barred by K.S.A. 21-3108(2)(a). In re Berkowitz, 3 Kan. App. 2d 726, 728, 602 P.2d 99.
State v. Sullivan & Sullivan, 578 P.2d 1108 (Kan. 1978). · cites it 4ד21-3401), and criminal injury to persons (K.S.A. 21-3431). James Joseph Sullivan was convicted and sentenced on charges of felony murder (K.”
State v. Kirby, 563 P.2d 408 (Kan. 1977). · cites it 4דKirby, was charged with and convicted of criminal injury to persons as defined by K.S.A. 1976 Supp. 21-3431. The essential facts of the case are not really in dispute and are as follows: On February 4, 1975, Gaylord and Patsy Taylor and their two children resided at 1354 North…”
State v. Wright, 557 P.2d 1267 (Kan. 1976). · cites it 6ד21-3412) and criminal injury to persons (K.S.A. 21-3431 [now 1975 Supp.]). Defendant concedes that no request was made for such instructions at trial, but on appeal he contends the trial court committed clear error in this regard.”
State v. McQueen & Hardyway, 582 P.2d 251 (Kan. 1978). · cites it 3דThe trial judge instructed the jury that under this count the appellants might be found guilty of a lesser included offense, criminal injury to persons.”
State v. Sanders, 587 P.2d 906 (Kan. 1978). · cites it 4ד: This is a direct appeal from convictions of criminal injury to persons (K.S.A. 1977 Supp. 21-3431); aggravated burglary (K.”
State v. Carpenter, 642 P.2d 998 (Kan. 1982). · cites it 2דIt was further held that K.S.A. 1976 Supp. 21-3431 was not sufficiently definite in its description of the acts or conduct forbidden, when measured by common understanding and practice, as to satisfy the constitutional requirements of due process of law.”
In Re Berkowitz, 602 P.2d 99 (Kan. Ct. App. 1979). “Over his objection the jury was instructed on criminal injury to persons under K.S.A. 21-3431 as a lesser included offense.”
State v. Trujillo, 590 P.2d 1027 (Kan. 1979). “The appellant claims it was error in this case for the trial court to instruct the jury on criminal injury to persons under K.S.A. 21-3431 (since repealed). The instruction was given as a lesser included offense.”
State v. Meinert, 594 P.2d 232 (Kan. 1979). “21-3431 does not define ‘endangering of life,’ nor is the term defined in the definition section, 21-3110, or anywhere else in the criminal code.”
State v. Woods, 563 P.2d 1061 (Kan. 1977). “The appellant contends the trial court erred in failing to give an instruction on the lesser included offense of criminal injury to persons, K.S.A. 1976 Supp. 21-3431, even though both plaintiff and defendant agreed the instruction not be given.”
State v. Wilson, 575 P.2d 32 (Kan. 1978). “21-3414) and one count of criminal injury to persons (formerly K.S.A. 21-3431). Defendant was originally charged with two counts of aggravated battery and the court had instructed the jury on criminal injury to persons as being a lesser included offense.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.