History:
L. 1937, ch. 283, § 31; L. 1938, ch. 59, § 3; L. 1959, ch. 52, § 2; Repealed, L. 1974, ch. 33, § 8-2205; July 1.
CASE ANNOTATIONS
1. Instruction under this section but not under K.S.A. 8-529 held prejudicial error. State v. Phelps, 151 Kan. 199, 203, 206, 97 P.2d 1105.
2. Section is constitutional; not void for uncertainty. State v. Davidson, 152 Kan. 460, 461, 463, 105 P.2d 876.
3. Cited; damages to bridge caused by violation hereof recoverable under K.S.A. 8-5,124. State Highway Comm. v. Stadler, 158 Kan. 289, 293, 148 P.2d 296.
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. Allegation section violated in action for damages under guest statute; petition sufficient. Hanson v. Swain, 172 Kan. 105, 106, 238 P.2d 517.
6. Discussed; trial court order discharging defendant charged with manslaughter reversed. State v. Goetz, 171 Kan. 703, 706, 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. Mentioned in holding justice's delay in processing appeal denied defendant speedy trial. State v. Brockelman, 173 469, 470, 249 P.2d 692.
State v. Phelps, 97 P.2d 1105 (Kan. 1940). · cites it 6ד” After instructing the jury on the question of manslaughter the court gave the following instruction: “If you do not find the defendant guilty of manslaughter you will next inquire whether or not he is guilty of a violation of section 8-531, R. S., which is a lower degree of…”
State v. Bowser, 145 P.2d 135 (Kan. 1944). · cites it 2ד; that if they did not find the defendant guilty of “negligent homicide” they should consider whether he was guilty under the first count of “reckless driving” — an offense of lesser degree as defined in section 8-531, G. S. 1941 Supp. The jury acquitted on the first count and…”
State v. Davidson, 105 P.2d 876 (Kan. 1940). · cites it 4דAll that has been said as to section 8-544 applies with equal force to section 8-531. We hold the statutes to be valid and enforceable.”
State v. Phelps, 110 P.2d 755 (Kan. 1941). · cites it 2דmanner is entirely proper for you to consider in determining what your verdict should be, but the fact, if it be a fact, that such car was negligently driven does not constitute a defense to any of the crimes charged if upon the whole you are satisfied, beyond a reasonable…”
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