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Kansas Statutes Annotated

K.S.A. § 21-403 (2026)

✓ current as of May 2026
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21-403.

History: G.S. 1868, ch. 31, § 8; L. 1907, ch. 188, § 1; R.S. 1923, 21-403; L. 1935, ch. 154, § 1; L. 1937, ch. 210, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.

Notes of Decisions
Cited in 8 cases, 1929–1970 · leading case: Witherspoon v. Illinois, 391 U.S. 510 (1968).
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Witherspoon v. Illinois, 391 U.S. 510 (1968). · cites it 2× “§ 9-1819 (1956); Kan. Stat. Ann. § 21-403 (1964); Ky. Rev.”
State v. Brady, 137 P.2d 206 (Kan. 1943). · cites it 6× “) In 1937 the legislature amended section 21-403, supra, by providing for death or life imprisonment in the case of first-degree murder, not only after conviction by a jury but after a plea of guilty (G.”
Zimmer v. State, 477 P.2d 971 (Kan. 1970). “Under our law, in event of conviction by a jury of the offenses of first degree murder or aggravated kidnaping, the jury is required to fix the penalty either at death or life imprisonment (formerly K.S.A. 21-403 and 21-449, now K. S. A. 1970 Supp.”
State v. Haines, 278 P. 767 (Kan. 1929). · cites it 4× “Section 21-109 of the Revised Statutes reads: “Whenever any offender is declared by law punishable, upon conviction, by confinement and hard labor for a term not less than any specified number of years, and no limit to the duration of such imprisonment or confinement is…”
Ray v. State, 446 P.2d 762 (Kan. 1968). · cites it 4× “Two reasons are advanced, the first being that the journal entry recites that sentence was pronounced under General Statutes of Kansas, 1935, Section 21-403. It is true that G.S. 1935, 21-403 was repealed by the 1937 session of the legislature, (Senate Bill No.”
White v. State, 455 P.2d 562 (Kan. 1969). “In fact, were it not for the unique circumstances here, we would have grave doubt of the propriety of the trial court's action. One other point deserves mention.”
State v. Akins, 399 P.2d 848 (Kan. 1965). · cites it 2× “In the instant case sections 21-403 and 21-109 provide the penalty for the offense of murder in the second degree.”
State v. Beasley, 469 P.2d 453 (Kan. 1970). “He argues the sentence is void for the reason that it is the duty of the jury, and of the jury alone, under the provisions of K.S.A. 21-403, to determine the penalty to be inflicted, and that the district court may not double the sentence under K.”
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.