22-2608.
Crimes committed while in transit.
If a crime is committed in, on or against any vehicle or means of conveyance passing through or above this state, and it cannot readily be determined in which county the crime was committed, the prosecution may be in any county in this state through or above which such vehicle or means of conveyance has passed or in which such travel commenced or terminated.
1. Applied; alleging venue where trip commenced and instructing on venue for crimes committed in transit is proper procedure. State v. Lovelace, 227 Kan. 348, 351, 607 P.2d 49.
2. Cited; out-of-state defendant abandoning marijuana-laden aircraft in Kansas convicted of possessing to sell (K.S.A. 65-4127(b)(3)) and aiding (K.S.A. 21-3205). State v. Gardner, 10 Kan. App. 2d 408, 416, 701 P.2d 703 (1985).
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1980–2022 · leading case: State v. Hillard, 511 P.3d 883 (Kan. 2022).
State v. Hillard, 511 P.3d 883 (Kan. 2022). · cites it 5דBut under K.S.A. 22-2608, if a crime is committed in, on, or against any vehicle or means of conveyance passing through or above the state of Kansas, and it cannot readily be determined in which county the crime was committed, the prosecution may be in any county in Kansas…”
State v. Voyles, 116 P.3d 720 (Kan. Ct. App. 2005). · cites it 2ד22-2604, or K.S.A. 22-2608. We conclude that posttrial arguments challenging venue as to some of the acts alleged do not establish a legally separate defense for purposes of requiring that a unanimity instruction be given.”
State v. Lovelace, 607 P.2d 49 (Kan. 1980). · cites it 2דK.S.A. 22-2608. The case was properly tried in Sedgwick County.”
State v. Duncan, 474 P.3d 1265 (Kan. Ct. App. 2020). “K.S.A. 22-2608. Under these statutes, venue was proper in Cherokee and Crawford Counties.”
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