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

K.S.A. § 22-3421 (2026)

Verdict, procedure

✓ current as of May 2026
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22-3421. Verdict, procedure. The verdict shall be written, signed by the presiding juror and read by the clerk to the jury, and the inquiry made whether it is the jury's verdict. If any juror disagrees, the jury must be sent out again; but if no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case. If the verdict is defective in form only, it may be corrected by the court, with the assent of the jury, before it is discharged.

History: L. 1970, ch. 129, § 22-3421; L. 1984, ch. 112, § 23; July 1.

Notes of Decisions
Cited in 93 cases (21 in the last 5 years), 1975–2026 · leading case: State v. Barber, 353 P.3d 1108 (Kan. 2015).
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State v. Barber, 353 P.3d 1108 (Kan. 2015). · cites it 13× “A prosecutor may not comment on facts not in evidence. 9. A prosecutor may use rhetorical devices to bring the evidence in a case into a meaningful context.”
State v. Cheffen, 303 P.3d 1261 (Kan. 2013). · cites it 15× “*695 K.S.A. 22-3421 Jury Polling Procedure A criminal defendant has a statutory right to a unanimous jury verdict.”
State v. Johnson, 198 P.3d 769 (Kan. Ct. App. 2008). · cites it 29× “Under K.S.A. 22-3421, *1061 the parties have the burden to request individual polling of the jury.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). · cites it 6× “Moreover, K.S.A. 22-3421 suggests a written verdict controls.”
State v. Dunlap, 266 P.3d 1242 (Kan. Ct. App. 2011). · cites it 24× “K.S.A. 22-3421 states that a trial judge shall follow this procedure.”
State v. Reynolds, 552 P.3d 1 (Kan. 2024). · cites it 8× “See K.S.A. 22-3421."); State v. Young, 313 Kan.”
State v. Craig, 462 P.3d 173 (Kan. 2020). · cites it 4× “It stated: "If you have a reasonable doubt about the guilt of the defendant as to the crime of murder in the first degree on both theories, then consider whether the defendant is guilty of murder in the second degree." Second, he contends that after the jury was discharged,…”
State v. Holt, 175 P.3d 239 (Kan. 2008). · cites it 5× “3d 794 (2007); see K.S.A. 22-3421; K.S.A. 22-3423(l)(d). Similarly, the right to have a jury poll conducted is not constitutional but statutory.”
State v. Akins, 315 P.3d 868 (Kan. 2014). · cites it 3× “Did the district court err by failing to comply with the juiy-polling statute, K.S.A. 22-3421? Moot. 5. Did cumulative error deny Akins a fair trial? Moot.”
State v. Womelsdorf, 274 P.3d 662 (Kan. Ct. App. 2012). · cites it 7× “Womelsdorf argues that the procedure followed by the district court in accepting the juiy verdict was contrary to K.S.A. 22-3421. The State responds that Womelsdorf failed to object and therefore cannot raise the issue on appeal.”
State v. Wright, 224 P.3d 1159 (Kan. 2010). · cites it 2× “See K.S.A. 22-3421; Beier, Lurching Toward the Light: Alternative Means and Multiple Acts Law in Kansas, 44 Washburn L.”
State v. Voyles, 160 P.3d 794 (Kan. 2007). · cites it 2× “2d 184 (1972) (9-3 verdict satisfied constitutional right to trial by jury); Kansas Constitution Bill of Rights, §§ 5 (trial by jury) and 10 (rights of the accused in prosecutions); K.S.A. 22-3421; K.S.A. 22-3423(1)(d). We have limited the application of this federal standard,…”
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