History:
L. 1937, ch. 283, § 29; L. 1938, ch. 59, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
CASE ANNOTATIONS
1. Section does not declare an offense included in K.S.A. 21-420 (manslaughter in fourth degree). State v. Gloyd, 148 Kan. 706, 708, 709, 711, 84 P.2d 966.
2. Instruction under K.S.A. 8-531 but not under this section held prejudicial error. State v. Phelps, 151 Kan. 199, 202, 203, 206, 97 P.2d 1105.
3. Instructions and joinder of counts considered and conviction upheld. State v. Phelps, 153 Kan. 337, 338, 110 P.2d 755.
4. Mentioned in upholding conviction of receiving stolen property under K.S.A. 21-549. State v. Wilhite, 161 Kan. 113, 120, 166 P.2d 562.
5. Fourth-degree manslaughter; driving while drunk; evidence sufficient. State v. Spohr, 171 Kan. 129, 132, 230 P.2d 1013.
6. Discussed; order discharging defendant charged with manslaughter reversed. State v. Goetz, 171 Kan. 703, 708, 237 P.2d 246.
7. Highway accident; fourth degree manslaughter charged; evidence may authorize finding of guilt hereunder. State v. Champ, 172 Kan. 737, 740, 741, 743, 242 P.2d 1070.
8. Section constitutional; does not deny due process; not indefinite or uncertain. State v. Ashton, 175 Kan. 164, 165, 166, 169, 262 P.2d 123.
10. Mentioned in upholding fourth-degree manslaughter conviction; K.S.A. 8-531, 8-537 violated; instructions. State v. Brooks, 187 Kan. 46, 50, 354 P.2d 89.
11. Conviction hereunder and under K.S.A. 8-523; failure to appeal from order overruling motion for new trial; alleged trial errors not reviewable. State v. Schneider, 188 Kan. 808, 366 P.2d 27.
12. Subsection (a) sufficiently broad to encompass negligent acts and omissions of all kinds and character from which death ensued when committed in disregard of the safety of others. State v. Miles, 203 Kan. 707, 708, 457 P.2d 166.
13. Referred to in construing K.S.A. 21-3405; degree of negligence required by statute. State v. Gordon, 219 Kan. 643, 654, 549 P.2d 886.
14. Construction of section referred to in determining controlling section in involuntary manslaughter prosecution. State v. Makin, 223 Kan. 743, 744, 576 P.2d 666.
15. Compared with successor statute K.S.A. 21-3405; held constitutional. State v. Randol, 226 Kan. 347, 349, 354, 597 P.2d 672.
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). · cites it 6ד21-3405, to change the basic provisions of vehicular homicide set forth in K.S.A. 8-529 (Corrick). From the time of its enactment in 1937 (L.”
State v. Ashton, 262 P.2d 123 (Kan. 1953). · cites it 4דBennett died on the 17th day of January, 1952, as the proximate result of an injury received by reason of such negligent disregard of the safety of others; in violation of the provisions of Section 8-529, 1949, G. S. of Kansas.” Defendant challenged count five as follows: “Comes…”
State v. Krovvidi, 58 P.3d 687 (Kan. 2002). “8-529: “A conviction under the present statute requires a finding that the defendant was guilty of conduct ‘which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the stan *1068 dard, of care which a…”
State v. Phelps, 97 P.2d 1105 (Kan. 1940). · cites it 2ד” Section 8-531, to which the court referred in that instruction, was section 31 of the same chapter 283, Laws of 1937, of which section 8-529, defining negligent homicide, was a part.”
State v. Ritchie, 590 So. 2d 1139 (La. 1991). “" K.S.A. 8-529. The court concluded that the legislature intended to provide criminal penalties when ordinary negligence on the part of a driver in the operation of his vehicle proximately results in death to another person.”
State v. Randol, 597 P.2d 672 (Kan. 1979). “The predecessor to our present statute was the negligent homicide statute, K.S.A. 8-529, which read: “Negligent homicide; penalties, (a) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle in negligent…”
State v. Bowser, 145 P.2d 135 (Kan. 1944). · cites it 2ד1935, 21-420) they should consider whether he was guilty under the first count of “negligent homicide”- — a crime of lesser degree defined in section 8-529, G. S. 1941 Supp.; that if they did not find the defendant guilty of “negligent homicide” they should consider whether he…”
State v. Phelps, 110 P.2d 755 (Kan. 1941). · cites it 2ד, or negligent homicide in violation of section 8-529 (G. S. 1939 Supp.).” *339 The trial court was not required to put all the pertinent law of the case into one paragraph of its instructions, and the part just quoted was both pertinent and proper.”
— K.S.A. § 8-529(2) — 1 case
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). “21-3405, to change the basic provisions of vehicular homicide set forth in K.S.A. 8-529 (Corrick). From the time of its enactment in 1937 (L.”
— K.S.A. § 8-529(a) — 1 case
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). “21-3405, to change the basic provisions of vehicular homicide set forth in K.S.A. 8-529 (Corrick). From the time of its enactment in 1937 (L.”
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