Law Review and Bar Journal References:

"Kansas' New Conspiracy Law," Larry R. O'Neal, 19 K.L.R. 799, 801 (1971).

Subsection (4) mentioned in article concerning parole eligibility for prisoners serving consecutive sentences in Kansas, Malcolm E. Wheeler, 21 K.L.R. 167, 168 (1973).

Attorney General's Opinions:

Drivers' licenses; habitual violators. 79-42.

Dedication and use of water; county home rule power. 79-187.

Penal ordinances; conflict with state law. 81-222.

Driving while under influence of alcohol; effect on prosecutions instituted prior to effective date of amendments. 82-169.

Kansas district courts have no jurisdiction over causes of action for violations of Indian tribe fish and wildlife conservation code. 93-152.

Discretion of court to suspend mandatory minimum fine for person under 21 possessing alcoholic liquor or cereal malt beverages. 1999-12.

Provision in K.S.A. 47-122 that it is unlawful for domestic animals to run at large is provision for civil liability. 2001-54.

The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48.

CASE ANNOTATIONS

1. Cited in dissent as preempting the subject matter of the cereal malt beverage ordinance for the state. City of Lyons v. Suttle, 209 Kan. 735, 742, 498 P.2d 9.

2. Subsection (4) mentioned in construing provisions of new habitual criminal act. State v. Ogden, 210 Kan. 510, 520, 502 P.2d 654.

3. Subsection (4) cited in holding sentencing properly imposed under old code for crime committed prior to effective date of new code. State v. Ralls, 213 Kan. 249, 251, 515 P.2d 1205.

4. Section mentioned in discussion concerning power of cities to enact local legislation of criminal nature. City of Junction City v. Lee, 216 Kan. 495, 503, 505, 532 P.2d 1292.

5. Construed; enactment of ordinance regulating private clubs did not conflict with statute; valid. Garten Enterprises, Inc. v. City of Kansas City, 219 Kan. 620, 624, 549 P.2d 864.

6. Referred to in upholding admission of journal entry of prior conviction without requiring evidence. State v. Faulkner, 220 Kan. 153, 156, 551 P.2d 1247.

7. Prior interpretation of promotion of obscenity statute (K.S.A. 21-4301) held not to violate subsection (1). State v. Starr Enterprises, Inc., 226 Kan. 288, 289, 597 P.2d 1098.

8. Cited; error in failing to instruct on absence of duty to retreat from attack examined. State v. Scobee, 242 Kan. 421, 428, 748 P.2d 862 (1988).

9. Evidence of prior narcotics convictions and testimony concerning circumstances to show knowledge, intent and absence of mistake or accident examined. State v. Graham, 244 Kan. 194, 196, 768 P.2d 259 (1989).

10. Child abuse (K.S.A. 21-3609) resulting in death as supporting felony-murder doctrine (K.S.A. 21-3401) examined by dissent. State v. Prouse, 244 Kan. 292, 304, 767 P.2d 1308 (1989).

11. Criminal statutes of limitations as procedural, with amendments applicable to prior acts if crimes not yet time-barred determined. State v. Noah, 246 Kan. 291, 293, 788 P.2d 257 (1990).

12. Specific rule in K.S.A. 21-4614a regarding sentences following probation revocation prevails over general rule herein. State v. King, 14 Kan. App. 2d 478, 482, 793 P.2d 1267 (1990).

13. Offenses charged under Kansas securities act (K.S.A. 17-1252 et seq.) constitute crimes. State v. Kershner, 15 Kan. App. 2d 17, 21, 801 P.2d 68 (1990).

14. Cited; whether criminal defamation statute is constitutionally overbroad examined. Phelps v. Hamilton, 828 F. Supp. 831, 847 (1993).

15. Defendant was not entitled to involuntary manslaughter instruction in first-degree murder case. State v. Baacke, 261 Kan. 422, 436, 932 P.2d 396 (1997).

16. Accused's knowledge of status as a habitual violator is an essential element of offense under K.S.A. 8-287. State v. Lewis, 263 Kan. 843, 848, 852, 953 P.2d 1016 (1998).

17. Felony prosecution under K.S.A. 8-262(a)(1) requires accused had knowledge driver's license was suspended as an essential element. State v. Thomas, 266 Kan. 265, 267, 970 P.2d 986 (1998).

18. Cited; use of nonstatutory aggravating factors to impose an upward durational departure does not violate due process. State v. Snow, 40 Kan. App. 2d 747, 754, 195 P.3d 282 (2008).

19. Defendant's uncounseled misdemeanor conviction included in criminal history score; imprisonment was for contempt, not for conviction. State v. Long, 41 Kan. App. 2d 477, 203 P.3d 45 (2009).

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