Source or Prior Law:

62-1439.

Law Review and Bar Journal References:

"The Admissibility of Child Victim Hearsay in Kansas: A Defense Perspective," Christopher B. McNeil, 23 W.L.J. 265, 270 (1984).

"Corporate Criminal Liability for Injuries and Death," Patrick Hamilton, 40 K.L.R. 1091, 1115 (1992).

Attorney General's Opinions:

City code section prohibiting a person previously arrested but not convicted from obtaining a license to carry a firearm while employed as a security guard violates state law and U.S. Constitution. 87-128.

CASE ANNOTATIONS

1. Reasonable doubt standard not required in proceedings for revocation of probation or suspended sentence. State v. Rasler, 216 Kan. 292, 294, 532 P.2d 1077.

2. Appearance of accused in prison garb at trial (before jury panel), did not constitute reversible error; not unfair trial. State v. Hall, 220 Kan. 712, 714, 715, 556 P.2d 413.

3. Failure to instruct on lowest degree of offense if there is reasonable doubt as to degree of defendant's guilt is not clearly erroneous and not reversible error. State v. Trujillo, 225 Kan. 320, 590 P.2d 1027.

4. Cited; jury instruction on presumption of innocence and reasonable doubt approved. State v. Lovelace, 227 Kan. 348, 354, 607 P.2d 49.

5. Mentioned in reversal of conviction for sale of marijuana where court refused to compel disclosure of informant's identity. State v. Knox, 4 Kan. App. 2d 87, 96, 603 P.2d 199.

6. No reasonable doubt that defendant was found guilty of more serious offense; conviction of lesser included offense set aside. State v. Coberly, 233 Kan. 100, 108, 661 P.2d 383 (1983).

7. Where no request made for instruction on lesser included offense and instructions given not clearly erroneous, no reversible error. State v. Reed, 8 Kan. App. 2d 615, 619, 663 P.2d 680 (1983).

8. Error to impose fines for continuing violations alleged to have occurred after trial and prior to conviction thereof. State v. Scherer, 11 Kan. App. 2d 362, 369, 721 P.2d 743 (1986).

9. Cited; failure to give instruction as not clearly erroneous examined. State v. Massey, 242 Kan. 252, 262, 747 P.2d 802 (1987).

10. Lay testimony and circumstantial evidence may be sufficient to prove identity of a drug beyond a reasonable doubt. State v. Northrup, 16 Kan. App. 2d 443, 825 P.2d 174 (1992).

11. Whether trial court erred in instructing jury as to burden of proof necessary to convict examined. State v. Waddell, 255 Kan. 424, 435, 874 P.2d 651 (1994).

12. Whether court erred in instructing jury on state's burden of proof examined. State v. McCloud, 257 Kan. 1, 16, 891 P.2d 324 (1995).

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