K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-401 (2026)

Repealed

✓ current as of May 2026
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21-401.

History: G.S. 1868, ch. 31, § 6; R.S. 1923, 21-401; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.

Notes of Decisions
Cited in 17 cases, 1927–2018 · leading case: State v. Thai Do Hoang, 755 P.2d 7 (Kan. 1988).
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State v. Thai Do Hoang, 755 P.2d 7 (Kan. 1988). · cites it 4× “1923, 21-401; K.S.A. 21-401 (Corrick). In 1969, the Kansas Legislature adopted the new criminal code, replacing K.”
State v. Goodseal, 553 P.2d 279 (Kan. 1976). · cites it 2× “At the time Moffitt was decided and prior to 1970, our felony murder statute (K.S.A. 21-401 [Corrick 1964]) provided: " Every murder which shall be committed by means of poison or by lying in wait, or by any kind of willful, deliberate and premeditated killing, or which shall be…”
State v. Moffitt, 431 P.2d 879 (Kan. 1967). · cites it 2× “8 reads: “You are further instructed that Kansas Statutes Annotated, Section 21-401, provides in part as follows: ‘Every murder which shall be committed .”
State v. Severns, 148 P.2d 488 (Kan. 1944). · cites it 2× “It reads: “Section 21-401 of the General Statutes of Kansas of 1935, is in part as follows: “ ‘Every murder which shall be committed by any kind of willful, deliberate and premeditated killing, shall be deemed murder in the first degree.”
State v. Boone, 257 P. 739 (Kan. 1927). · cites it 3× “However, if you find from the evidence beyond a reasonable doubt that up to the time of the commission of said assault and shooting, said Van Kirk and his companions had not decided to desist from said attempt, but that such assault and shooting were committed in an attempt to…”
White v. State, 568 P.2d 112 (Kan. 1977). ““In summary it is stipulated by and between the parties that each and every element of the offense of first degree murder, as contained in K.S.A. 21-401, is considered proved by this Stipulation and that the Court in its deliberation on this matter may consider these…”
State v. Mitchell, 942 P.2d 1 (Kan. 1997). “2d 7 (1988): “In 1969, the Kansas Legislature adopted the new criminal code, replacing K.S.A. 21-401 (Conick) with K.S.A. 21-3401.”
State v. Brady, 137 P.2d 206 (Kan. 1943). · cites it 2× “Section 21-401, supra, provides: “Every murder which shall be committed by means of poison or by lying in wait, or by any kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration or an attempt to perpetrate any arson, rape, robbery,…”
Evans v. City of Emporia, 243 P.3d 374 (Kan. Ct. App. 2010). · cites it 2× “” Section 21-401(d) provides: “Enlargement: No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is…”
State v. Jensen, 417 P.2d 273 (Kan. 1966). “When the crimes act was adopted, the crime of common-law murder was made statutory and was divided into two categories, murder in the first degree (K.S.A. 21-401), which requires that there be present both premeditation and an intent to kill, and murder in the second degree (K.”
Smith v. State, 666 P.2d 730 (Kan. Ct. App. 1983). · cites it 2× “1923, 21-401; K.S.A. 21-401 [Corrick]) and provided that a homicide that occurred during the attempt or perpetration of certain specified crimes, “or other felony,” would be murder in the first degree.”
State v. Washington, 479 P.2d 833 (Kan. 1971). “: The defendant, Vernon Roosevelt Washington, has appealed from his conviction by a jury of the crime of murder in the first degree (K.S.A. 21-401) and his sentence of life imprisonment.”
Show all 17 citing cases →
— K.S.A. § 21-401(d) — 1 case
Evans v. City of Emporia, 243 P.3d 374 (Kan. Ct. App. 2010). “” Section 21-401(d) provides: “Enlargement: No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is…”
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