Kansas Statutes Annotated

K.S.A. § 60-415 (2026)

Inconsistent presumptions

✓ current as of May 2026

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60-415. Inconsistent presumptions. If two presumptions arise which are conflicting with each other the judge shall apply the presumption which is founded on the weightier consideration of policy and logic. If there is no such preponderance both presumptions shall be disregarded.

History: L. 1963, ch. 303, 60-415; January 1, 1964.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1929–2022 · leading case: McMurray v. Crawford, 594 P.2d 1109 (Kan. Ct. App. 1979).

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McMurray v. Crawford, 594 P.2d 1109 (Kan. Ct. App. 1979). “” K.S.A. 60-415. “A presumption, which by a-rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by K.”

Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014). “60-415 is the only other place in Kansas statutes where this language is used, and it states: “If two presumptions arise which are conflicting with each other the judge shall apply the presumption which is founded on the weightier consideration of policy and logic.”

Martin v. Stillie, 281 P. 925 (Kan. 1929). “She proceeded under sections 60-415 and 60-764 of the Revised Statutes.”

Waddell (ID 79112) v. Kansas, State of (D. Kan. 2022). · cites it 5× “Waddell seeks relief on the grounds that: (1) the trial court erroneously admitted a video interview of the victim; (2) the trial court failed to give a unanimity instruction; (3) the trial court erred in giving the presumption of intent instruction in violation of K.S.A.…”

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