K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3207 (2026)

Misnomer

✓ current as of May 2026
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22-3207. Misnomer. (1) If a defendant be charged or prosecuted by a wrong name, unless he declare his true name before pleading he shall be proceeded against by the name in the complaint, information or indictment.

(2) If the defendant states that another name is his true name, it shall be entered on the minutes of the court; and the subsequent proceedings on the complaint, information or indictment may be had against him by that name.

History: L. 1970, ch. 129, § 22-3207; July 1.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1979–2022 · leading case: State v. Cutshall, 604 P.2d 288 (Kan. Ct. App. 1979).
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State v. Cutshall, 604 P.2d 288 (Kan. Ct. App. 1979). “There is no merit to this issue because all of the evidence supported the fact that the Cutshall son was the person arrested and tried and was the person who participated in the incident, regardless of his name.”
Mboumi v. Horton (Kan. Ct. App. 2022). “In her Response to Guardian Ad Litem’s Motion for Court Finding Pursuant to K.S.A. 22-3207(c)(1)(A), (B) and (C) and K.”
— K.S.A. § 22-3207(1) — 1 case
State v. Cutshall, 604 P.2d 288 (Kan. Ct. App. 1979). “There is no merit to this issue because all of the evidence supported the fact that the Cutshall son was the person arrested and tried and was the person who participated in the incident, regardless of his name.”
— K.S.A. § 22-3207(c)(1)(A) — 1 case
Mboumi v. Horton (Kan. Ct. App. 2022). “In her Response to Guardian Ad Litem’s Motion for Court Finding Pursuant to K.S.A. 22-3207(c)(1)(A), (B) and (C) and K.”
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