21-3401.
History: L. 1969, ch. 180, § 21-3401; L. 1972, ch. 112, § 1; L. 1989, ch. 87, § 1; L. 1990, ch. 100, § 2; L. 1991, ch. 85, § 4; L. 1992, ch. 298, § 3; L. 1993, ch. 291, § 18; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Source or Prior Law:
21-401.
Revisor's Note:
Section was amended multiple times in the 1990 session, see also 21-3401a.
Cross References to Related Sections:
Sentencing of persons convicted of capital murder, see 21-4622 et seq.
Law Review and Bar Journal References:
"The Doctrine of Lesser Included Offenses in Kansas," Kay Adam, Helen Packard Dupre, 15 W.L.J. 40, 44 (1976).
Survey of criminal law, Dan Walter and Dick Ring, 15 W.L.J. 341 (1976).
"Felony Murder in Kansas," S. Jill Weinlood, 26 K.L.R. 145 (1977).
"Euthanasia: A Medical and Legal Overview," Howard N. Ward, 49 J.B.A.K. 317, 324 (1980).
"Homicide: Felony-Murder Rule-A New Test in Kansas for Inherently Dangerous Collateral Felonies," Jeffery R. Brewer, 20 W.L.J. 646, 647 (1981).
"Forensic Psychiatry: Less Typical Applications," Roy B. Lacoursiere, M.D., 30 W.L.J. 29, 40 (1990).
"Review of the Proposed Kansas Sentencing Guidelines," Geary N. Gorup, XIV J.K.T.L.A. No. 5, 15 (1991).
"The Kansas Hard-Forty Law," The Honorable Tom Malone, 32 W.L.J. 147, 161 (1993).
"The Kansas Stalking Law: A 'Credible Threat' to Victims. A Critique of the Kansas Stalking Law and Proposed Legislation," Callie Anderson Marks, 36 W.L.J. 468 (1997).
Survey of Recent Cases, 46 K.L.R. 895 (1998).
"Kansas Felony Murder," Jennifer DeCook Hatchett, 48 K.L.R. 1047 (2000).
"Reduction in the Protection for Mentally Ill Criminal Defendants: Kansas Upholds the Replacement of the M'Naughten Approach With The Mens Rea Approach, Effectively Eliminating The Insanity Defense [State v. Bethel, 66 P.3d 840 (Kan. 2003)]," Jenny Williams, 44 W.L.J. 213 (2004).
"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).
"It Can Happen in an Instant: Rethinking Pattern Instructions for Kansas on Premeditated Murder," Saraliene S. Smith, 16 Kan. J.L. & Pub. Pol'y, No. 1, 1 (2006).
"Kansas Judicial Council Report: Assigned Studies in 2010," Natalie F. Gibson, 79 J.K.B.A. No. 7, 12 (2010).
CASE ANNOTATIONS
1. A felony which directly results in or is integral element of homicide cannot be relied upon as ingredient of felony-murder rule. State v. Clark, 204 Kan. 38, 44, 460 P.2d 586.
2. Under facts of case, not error to exclude video tape recordings offered as evidence relating to defendant's sanity. State v. Chase, 206 Kan. 352, 480 P.2d 62.
3. Conviction hereunder affirmed; search not objectionable; prior rapes admissible; lesser included crimes instruction not required. State v. Masqua, 210 Kan. 419, 502 P.2d 728.
4. Conviction hereunder affirmed; motion to change venue properly denied; admission of photographic evidence and nonexpert testimony proper. State v. Randol, 212 Kan. 461, 462, 513 P.2d 248.
5. Conviction hereunder upheld; juvenile court's findings waiving jurisdiction must be appealed to district court; accomplice's uncorroborated testimony may sustain guilty verdict. State v. Shepherd, 213 Kan. 498, 499, 516 P.2d 945.
6. Proof that homicide committed in perpetration of felony is tantamount to premeditation and deliberation otherwise necessary to constitute murder hereunder. State v. Osbey, 213 Kan. 564, 569, 517 P.2d 141.
7. Elements required to support felony murder conviction stated and applied; conviction upheld. State v. Reed, 214 Kan. 562, 564, 520 P.2d 1314.
8. Felony murder conviction; evidence sufficient; confession voluntary; photographs admissible. State v. Soverns, 215 Kan. 775, 529 P.2d 181.
9. Seller of heroin charged hereunder where death resulted from overdose; under facts felony murder rule not invoked. State v. Mauldin, 215 Kan. 956, 957, 529 P.2d 124.
10. Cited in holding subsection (1)(b) of K.S.A. 21-3503 unconstitutionally vague. State v. Conley, 216 Kan. 66, 69, 531 P.2d 36.
11. Prosecution for first degree murder and rape; verdict of second degree murder upheld. State v. Smith, 216 Kan. 265, 530 P.2d 1215.
12. Conviction hereunder reversed; failure to instruct jury on lesser offenses held reversible error. State v. Boyd, 216 Kan. 373, 532 P.2d 1064.
13. Conviction hereunder; evidence sufficient to establish elements of malice and premeditation. State v. Hamilton, 216 Kan. 559, 566, 534 P.2d 226.
14. Conviction under murder-felony rule; record examined; sufficiency of evidence supporting conviction under felony murder rule upheld. State v. Bey, 217 Kan. 251, 259, 535 P.2d 881.
15. Conviction hereunder; reduction in life sentence authorized when recommended by secretary of corrections. State v. Sargent, 217 Kan. 634, 538 P.2d 696.
16. Alleged errors examined after conviction hereunder and conviction upheld. State v. Arney, 218 Kan. 369, 544 P.2d 334.
17. Information charging first degree murder not defective because term "willfully" not used specifically. State v. Bright, 218 Kan. 476, 480, 543 P.2d 928.
18. Assignments of error considered; confession voluntary; conviction hereunder upheld. State v. Jones, 218 Kan. 720, 545 P.2d 323.
19. Conviction hereunder upheld; admission of evidence of prior crimes not reversible error. State v. Watkins, 219 Kan. 81, 83, 547 P.2d 810.
20. Conviction hereunder upheld; testimony and physical evidence properly allowed. State v. Steward, 219 Kan. 256, 257, 547 P.2d 773.
21. Defendant charged hereunder; conviction of second degree murder; record examined; no prejudicial error. State v. Bradford, 219 Kan. 336, 337, 340, 548 P.2d 812.
22. Record reviewed from convictions of murder, aggravated battery and rape; no error found. State v. King, 219 Kan. 508, 548 P.2d 803.
23. Conviction hereunder reviewed; no reversible error. State v. Wright, 219 Kan. 808, 814, 549 P.2d 958.
24. Conviction hereunder affirmed; no error in admission of photographs or in ordering consolidated trial. State v. Hensley, 219 Kan. 826, 549 P.2d 874.
25. Alleged trial errors reviewed on appeal from conviction hereunder; no error. State v. McClain, 220 Kan. 80, 551 P.2d 806.
26. Death did not abate appeal pending after conviction hereunder; conviction affirmed. State v. Jones, 220 Kan. 136, 551 P.2d 801.
27. Evidence sufficient to support conviction hereunder. State v. Wilson, 220 Kan. 341, 552 P.2d 931.
28. Felony murder rule does not violate due process or cruel and unusual punishment provisions of U.S. Constitution; ownership of weapon not essential. State v. Goodseal, 220 Kan. 487, 488, 490, 491, 553 P.2d 279. Overruled by State v. Underwood, 228 Kan. 294, 615 P.2d 153.
29. Conviction of felony-murder upheld; possession of revolver by released felon; collateral felony. State v. Guebara, 220 Kan. 520, 522, 553 P.2d 296. Overruled as to collateral felony: State v. Underwood, 228 Kan. 294, 615 P.2d 153.
30. Conviction of juvenile hereunder while violating K.S.A. 21-3427 affirmed; confession met due process standards. State v. Young, 220 Kan. 541, 542, 552 P.2d 905.
31. Failure to instruct on lesser included offenses; conviction hereunder reversed. State v. Johnson, 220 Kan. 720, 556 P.2d 168.
32. Failure to grant mistrial under circumstances held harmless error; conviction affirmed. State v. Mims, 220 Kan. 726, 556 P.2d 387.
33. Mentioned; intent requirements of K.S.A. 1976 Supp. 21-3431 declared unconstitutional; impermissibly vague. State v. Kirby, 221 Kan. 1, 5, 563 P.2d 408.
34. Conviction of murder and aggravated robbery affirmed; confession properly admitted. State v. Kanive, 221 Kan. 34, 35, 558 P.2d 1075.
35. Instructions on firearms charge not clearly erroneous; conviction for felony murder and firearms possession affirmed. State v. Birch, 221 Kan. 122, 558 P.2d 119. Overruled as to collateral felony: State v. Underwood, 228 Kan. 294, 615 P.2d 153.
36. Conviction hereunder affirmed; evidence sufficient to support inference of premeditation. State v. Henson, 221 Kan. 635, 636, 562 P.2d 51.
37. Conviction of murder and aggravated robbery affirmed; admission of evidence upheld. State v. Villa ? Villa, 221 Kan. 653, 561 P.2d 428.
38. Referred to in reversing conviction of voluntary manslaughter; failure to instruct on lesser included offense. State v. Seelke, 221 Kan. 672, 675, 678, 561 P.2d 869.
39. No reversible error found in appeal from conviction hereunder. State v. Duncan, 221 Kan. 714, 562 P.2d 84.
40. Felony murder conviction reviewed; no reversible error. State v. Rueckert, 221 Kan. 727, 738, 561 P.2d 850.
41. Defendant charged hereunder convicted of second degree murder and aggravated battery; conviction affirmed. State v. Franklin, 221 Kan. 739, 561 P.2d 860.
42. Conviction hereunder upheld; cross-examination of witness by trial judge discussed. State v. Boyd, 222 Kan. 155, 563 P.2d 446.
43. Substantial competent evidence to support inference of premeditation; conviction upheld. State v. Mantz, 222 Kan. 453, 565 P.2d 612.
44. Record examined on appeal from conviction hereunder and under K.S.A. 21-3427; no error. State v. Porter, 223 Kan. 114, 574 P.2d 187.
45. Instructions using M'Naghten rule proper; conviction hereunder affirmed. State v. Smith, 223 Kan. 203, 574 P.2d 548.
46. No abuse of discretion or error in rulings by trial court; conviction affirmed. State v. Johnson, 223 Kan. 237, 573 P.2d 994.
47. Conviction upheld; instruction on "death" proper; K.S.A. 77-202 constitutional on grounds asserted. State v. Shaffer, 223 Kan. 244, 574 P.2d 205.
48. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Sanders, 223 Kan. 273, 574 P.2d 559.
49. Aggravated battery not a lesser included offense of crime of attempted murder; conviction reversed. State v. Daniels, 223 Kan. 266, 271, 573 P.2d 607.
50. Underlying charge in felony murder prosecution was aggravated escape from custody; conviction reversed and remanded. State v. McCowan, 223 Kan. 329, 331, 332, 573 P.2d 1029.
51. Conviction hereunder and of other crimes affirmed; instructions proper; counts not duplicitous. State v. Branch and Bussey, 223 Kan. 381, 573 P.2d 1041.
52. No prejudicial error found in review of record from conviction hereunder; affirmed. State v. Martinez, 223 Kan. 536, 575 P.2d 30.
53. Record examined on appeal from conviction hereunder for aggravated robbery; no reversible error. State v. Bishop, 223 Kan. 539, 574 P.2d 1386.
54. Various contentions of defendant considered on appeal from conviction hereunder; judgment affirmed. State v. Jackson, 223 Kan. 554, 575 P.2d 536.
55. Hearsay statement allowed; evidence sufficient to support conviction hereunder. State v. Berry, 223 Kan. 566, 568, 575 P.2d 543.
56. No error shown on appeal from conviction hereunder, requiring granting of new trial. State v. Buie, 223 Kan. 594, 595, 575 P.2d 555.
57. Conviction hereunder affirmed; subsection (2) of K.S.A. 22-2905 construed; provisions directory rather than mandatory. State v. Turner, 223 Kan. 707, 576 P.2d 644.
58. Conviction hereunder reversed; erroneous admission and exclusion of evidence. State v. Bradley, 223 Kan. 710, 576 P.2d 647.
59. Conviction of felony murder and aggravated kidnapping affirmed. State v. Duvaul, 223 Kan. 718, 576 P.2d 653.
60. Prosecution for felony murder; conviction of second degree murder affirmed; alleged errors reviewed. State v. Cates, 223 Kan. 724, 576 P.2d 657.
61. Alleged trial errors reviewed; conviction of first degree murder affirmed. State v. Nemechek, 223 Kan. 766, 576 P.2d 682.
62. Appeal from conviction of juvenile hereunder; judgment affirmed. State v. Cross, 223 Kan. 803, 576 P.2d 698.
63. Conviction hereunder reversed; charges dismissed as provided by K.S.A. 22-4401 IV (e). State v. Keener, 224 Kan. 100, 577 P.2d 1182.
64. Conviction hereunder affirmed; amended complaint proper; failure to give limiting instructions not clearly erroneous. State v. Bell, 224 Kan. 105, 577 P.2d 1186.
65. Conviction hereunder reversed; no limiting instruction as to co-defendant's confession; lesser included offense instruction required. State v. Sullivan, 224 Kan. 110, 111, 578 P.2d 1108.
66. Conviction hereunder affirmed; hearsay evidence defined; photographs of decedent properly admitted. State v. Phipps, 224 Kan. 158, 578 P.2d 709.
67. Admission of evidence of a similar offense proving identity under K.S.A. 60-455 held proper; conviction affirmed. State v. Gourley, 224 Kan. 167, 578 P.2d 713.
68. Conviction hereunder reversed; admission of statement of codefendant without limiting not harmless error. State v. Edwards, 224 Kan. 266, 267, 579 P.2d 1209.
69. Conviction hereunder reversed; court erred in admitting double hearsay evidence; credibility evidence unduly restricted. State v. Baker, 224 Kan. 474, 580 P.2d 1345.
70. Felony murder conviction reversed; instructions prejudicial to defense. State v. Foy, 224 Kan. 558, 559, 582 P.2d 281.
71. Record of convictions on multiple charges of first degree murder examined; no reversible error, conviction affirmed. State v. McCorgary, 224 Kan. 677, 585 P.2d 1024.
72. Record examined on appeal from conviction hereunder and of other crimes; judgment affirmed. State v. Soles, 224 Kan. 698, 585 P.2d 1032.
73. No trial court errors found in review of record on appeal from convictions hereunder and of other crimes. State v. Warden, 224 Kan. 705, 585 P.2d 1038.
74. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Higdon, 224 Kan. 720, 585 P.2d 1048.
75. Conviction under section affirmed and sentence approved. State v. Pencek, 224 Kan. 725, 585 P.2d 1052.
76. Order granting motion for acquittal after guilty verdict not appealable; appeal dismissed. State v. Crozier, 225 Kan. 120, 587 P.2d 331.
77. Defendant, a minor, convicted as an adult; testimony of witnesses based on personal knowledge of former juvenile crime committed held admissible. State v. Cox, 225 Kan. 143, 587 P.2d 890.
78. Review of conviction hereunder and of other crimes; no reversible error. State v. Sanders, 225 Kan. 147, 148, 587 P.2d 893.
79. Conviction hereunder upheld; alleged errors reviewed. State v. Stewart, 225 Kan. 410, 591 P.2d 166.
80. Conviction hereunder; right to assistance of counsel not denied by counsel suspended for failure to pay registration fee. Johnson v. State, 225 Kan. 458, 590 P.2d 1082.
81. Conviction hereunder affirmed; defendant voluntarily absent from in-chamber hearing; hiring of special prosecutor upheld; M'Naghten test for insanity, no error. State v. Sandstrom, 225 Kan. 717, 595 P.2d 324.
82. Conviction hereunder as an aider and abettor affirmed; element of intent inferred from circumstantial evidence; standard of appellate review; abuse of judicial discretion in sentencing. State v. Goering, 225 Kan. 755, 756, 594 P.2d 194.
83. Collateral felony, theft, found inherently and foreseeably dangerous, sufficient to support felony-murder rule and conviction hereunder. State v. Smith, 225 Kan. 796, 799, 594 P.2d 218.
84. Conviction hereunder; no error in refusal to instruct on lesser degrees of homicide; admission of color slides of decedent was not error. State v. Words, 226 Kan. 59, 596 P.2d 129.
85. Conviction hereunder for murder; no error in refusal of trial court to instruct on robbery as underlying felony. State v. Giddings, 226 Kan. 110, 595 P.2d 1115.
86. Cited in upholding conviction for first degree felony murder and aggravated burglary; merger doctrine not applicable in this case; criminal trespass not a lesser offense of burglary. State v. Rupe, 226 Kan. 474, 475, 601 P.2d 675.
87. Mentioned; a defendant is deprived of his rights of confrontation where an extrajudicial statement of a nontestifying codefendant inculpating the defendant is admitted; judgment reversed. State v. Rodriquez, 226 Kan. 558, 601 P.2d 686.
88. Premeditated and felony murder constitutes single crime; felony murder charge may be amended to change underlying felony or include premeditated murder; no former jeopardy. State v. McCowan, 226 Kan. 752, 759, 763, 764, 602 P.2d 1363.
89. Conviction hereunder upheld; no error in admission into evidence of expert testimony on bite-mark identification. State v. Peoples, 227 Kan. 127, 605 P.2d 135.
90. Trial court did not err in allowing deposition of an absent witness to be read to the jury; conviction affirmed. State v. Hernandez, 227 Kan. 322, 607 P.2d 452.
91. Sufficient evidence to convict for aggravated kidnapping and felony murder; new trial ordered; prejudicial failure to comply with discovery order. State v. Phillips, 227 Kan. 370, 607 P.2d 56.
92. Conviction affirmed; multiple hearsay and juror misconduct errors alleged. State v. Baker, 227 Kan. 377, 607 P.2d 61.
93. Amendment of information to include charge of felony murder upheld. State v. Foy, 227 Kan. 405, 607 P.2d 481.
94. Appeal from conviction hereunder; affirmed. State v. Wilson, 227 Kan. 619, 608 P.2d 1344.
95. Appeal from order waiving juvenile jurisdiction over juvenile charged hereunder. In re Edwards, 227 Kan. 723, 608 P.2d 1006.
96. Defendant can be tried and convicted of second degree murder upon proof of facts which would substantiate first degree murder verdict. State v. Carpenter, 228 Kan. 115, 121, 612 P.2d 163.
97. Whether defendant used firearm in commission of crime is matter to be determined by trial court at sentencing. State v. Ramsey, 228 Kan. 127, 612 P.2d 603.
98. When murder is committed during commission of felony, rule requiring instructions on lesser included offenses not applicable. State v. Purdy, 228 Kan. 264, 615 P.2d 131.
99. Whether collateral felony is inherently dangerous to justify felony murder charge, elements thereof should be viewed in abstract and circumstances of commission of felony should not be considered. State v. Underwood, 228 Kan. 294, 295, 306, 615 P.2d 153.
100. Fact that accused previously retained counsel does not make inadmissible voluntary statement made by defendant in counsel's absence. State v. Costa, 228 Kan. 308, 309, 613 P.2d 1359.
101. Trial court's instructions not clearly erroneous; conviction of felony murder affirmed. State v. Hearron, 228 Kan. 693, 694, 619 P.2d 812.
102. Evidence of underlying felony of aggravated burglary strong and conclusive; no error in failure to give lesser included instructions based upon alleged intoxication. State v. Case, 228 Kan. 733, 620 P.2d 821.
103. Expert scientific opinion must be generally accepted as reliable before received in evidence; court did not err in allowing assistant district attorney to testify. State v. Washington, 229 Kan. 47, 622 P.2d 986.
104. Disclosure of identity if informant lies within sound discretion of the court; defendant must show that informant has information that is material and relevant. State v. Cohen, 229, Kan. 65, 622 P.2d 1002.
105. Trial court did not commit reversible error in failing to give cautionary instruction as to testimony of an accomplice; conviction affirmed. State v. Moore 229 Kan. 73, 74, 622 P.2d 631.
106. Disclosure of an informer's identity lies within the sound discretion of the trial court; conviction affirmed. State v. Minor, 229 Kan. 86, 622 P.2d 998.
107. There was sufficient evidence that defendant used a firearm in perpetrating the crime; conviction affirmed. State v. Payton, 229 Kan. 106, 622 P.2d 651.
108. Probable cause for issuance of search warrants discussed; evidence insufficient to support verdicts of guilty of felony murder and aggravated burglary. State v. Williams, 229 Kan. 290, 623 P.2d 1334.
109. Joinder, severance, confessions, lesser included offenses, ordinary standards of medical practice, prosecutorial comments, change of venue all discussed in upholding conviction. State v. Shaffer, 229 Kan. 310, 311, 624 P.2d 440.
110. Admissibility of other crimes discussed; must be a substantial issue under the evidence. State v. Foster, 229 Kan. 362, 623 P.2d 1360.
111. "Multiplicity" defined; single offense may not be divided into separate parts. State v. Garnes, 229 Kan. 368, 624 P.2d 448.
112. A killing during flight from aggravated robbery may constitute felony murder if part of res gestae. State v. Rider, Edens & Lemons, 229 Kan. 394, 395, 625 P.2d 425.
113. Where defendant pushed plunger on needle in deceased's arm and pulled gun trigger ultimately resulting in death, defendant properly convicted of first degree murder. State v. Cobb, 229 Kan. 522, 625 P.2d 1133.
114. Defense not surprised by appearance of state's missing witness; two days before trial witness available for interview. State v. Jordan, 229 Kan. 558, 559, 629 P.2d 1172 (1981).
115. M'Naghten rule adhered to. State v. Rouse, 229 Kan. 600, 629 P.2d 167 (1981).
116. Trial court did not err in instructions to jury on felony murder and refusing to give instructions on other types of homicides. State v. Crease, 230 Kan. 541, 543, 638 P.2d 939 (1982).
117. Filing notice of intent to rely on insanity defense held waiver of requirements of speedy trial under K.S.A. 22-3402. State v. Topham, 231 Kan. 167, 168, 169, 170, 642 P.2d 986 (1982).
118. Conviction upheld. State v. Churchill, 231 Kan. 408, 646 P.2d 1049 (1982).
119. Habeas corpus relief denied; nolo contendere plea not valid as result of defendants being uninformed as to potential parole eligibility. Hicks v. Oliver, 523 F. Supp. 64, 66 (1981).
120. Trial court erred in overruling motion for a new trial; comments by codefendant's counsel on defendant's failure to testify. State v. Gowler, 7 Kan. 2d 485, 644 P.2d 473 (1982).
121. Delay in ruling on pretrial motions and not providing addresses of witnesses to defendant's attorney not reversible error. State v. Norman, 232 Kan. 102, 103, 652 P.2d 683 (1982).
122. No error in refusal to permit questioning of witness for purpose of having witness assert 5 th Amendment privilege in jury's presence. State v. Crumm, 232 Kan. 254, 654 P.2d 417 (1982).
123. Statute not overly broad or vague and does not violate 5 th and 6 th Amendments. State v. Crump, 232 Kan. 265, 266, 268, 269, 654 P.2d 922 (1982).
124. To invoke felony murder rule, homicide must be committed during perpetration of a felony inherently dangerous to human life. State v. Lashley, 233 Kan. 620, 631, 664 P.2d 1358 (1983).
125. Premeditation and deliberation may be inferred from circumstances of case but inference must be reasonable. State v. Hill, 233 Kan. 648, 649, 652, 664 P.2d 840 (1983).
126. Cited in considering defendant's standing to challenge legality of search and seizure. State v. Worrell, 233 Kan. 968, 969, 971, 666 P.2d 703 (1983).
127. Cited in holding K.S.A. 60-407, 60-417 do not prohibit witness from testifying simply because of age. State v. Thrasher, 233 Kan. 1016, 1017, 666 P.2d 722 (1983).
128. Cited in holding conspiracy and aiding and abetting separate and distinct offenses. State v. Hobson, 234 Kan. 133, 134, 671 P.2d 1365 (1983).
129. Cited in holding murder of ex-wife underlying felony to support first-degree murder of another. State v. Knapp, 234 Kan. 170, 171, 671 P.2d 520 (1983).
130. Prior crime for purposes of proving identity need only be similar, not identical. State v. Williams, 234 Kan. 233, 234, 670 P.2d 1348 (1983).
131. New trial granted where instruction gave jury no option but to convict defendant if codefendant found guilty. State v. Haislip, 234 Kan. 329, 338, 673 P.2d 1094 (1983).
132. Appellate review of conviction on circumstantial evidence viewed in light most favorable to prosecution. State v. Taylor, 234 Kan. 401, 409, 673 P.2d 1140 (1983).
133. Trial court must have opportunity to rule on question of ineffective counsel before presented on appeal. State v. Chamberlain, 234 Kan. 422, 425, 672 P.2d 604 (1983).
134. Trial court has discretion to grant separate trials; should be granted when necessary to avoid prejudice and ensure fair trials. State v. Martin, 234 Kan. 548, 549, 673 P.2d 104 (1983).
135. Questions of separate trials, use of interpreters and aiding and abetting discussed in detail. State v. Pham, 234 Kan. 649, 675 P.2d 848 (1984).
136. Objections to voluntary consent to search, use of photographs of victim, reliability of blood enzyme classification and impeachment and cross-examination properly overruled. State v. Pearson, 234 Kan. 906, 678 P.2d 605 (1984).
137. Evidence sufficient to support conviction; identity instruction unnecessary where identity not issue; lay testimony on mental capacity proper. State v. Brown, 234 Kan. 969, 972, 676 P.2d 757 (1984).
138. Testimony under K.S.A. 60-456 (opinion evidence) and 60-445 (probative value) by attorney for state's witness discussed. State v. Richard, 235 Kan. 355, 356, 681 P.2d 612 (1984).
139. Conviction hereunder; limitation on cross examination of witness and admissibility of extrajudicial statements of defendant; psychiatric examination in insanity defense. State v. Brown, 235 Kan. 688, 690, 681 P.2d 1071 (1984).
140. Conviction hereunder; proceedings involving consolidation of criminal cases, evidence of prior convictions and defense of insanity. State v. Boan, 235 Kan. 800, 801, 686 P.2d 160 (1984).
141. Where single overt act occurred, convictions hereunder and of aggravated battery (K.S.A. 21-3414) multiplicitous; jury instructions; correction of void sentence. State v. Turbeville, 235 Kan. 993, 995, 686 P.2d 138 (1984).
142. Where presumption of sanity rebutted, sanity then becomes question for jury. State v. Baker, 236 Kan. 132, 133, 689 P.2d 803 (1984).
143. Neither premeditated murder instruction nor lesser included offenses instructions required in felony murder charge; exception when underlying felony questionable; fingerprints and photographic evidence considered. State v. Murdock, 236 Kan. 146, 154, 689 P.2d 814 (1984).
144. Refusal to commit pursuant to K.S.A. 22-3430 not reviewable; sentence imposed under K.S.A. 21-4608 met criteria of K.S.A. 21-4606. State v. Adkins, 236 Kan. 259, 689 P.2d 880 (1984).
145. Violation of K.S.A. 21-3826 (possession of contraband in prison) not inherently dangerous; will not support felony murder charge. State v. Brantley, 236 Kan. 379, 380, 383, 691 P.2d 26 (1984).
146. New trial denied where newly discovered evidence (K.S.A. 22-3501) consisted of known witnesses and testimony defendant failed to use. State v. Littlejohn, 236 Kan. 497, 500, 503, 694 P.2d 403 (1985).
147. Conviction hereunder; effective assistance of counsel considered. Chamberlain v. State, 236 Kan. 650, 651, 656, 694 P.2d 468 (1985).
148. Conviction hereunder; sentencing under K.S.A. 21-4618; identity of confidential informant; sufficiency of evidence considered. State v. Pink, 236 Kan. 715, 730, 696 P.2d 358 (1985).
149. Principles establishing provocation to support instruction on voluntary manslaughter reviewed; innate peculiarities of defendant not considered. State v. Guebara, 236 Kan. 791, 799, 696 P.2d 381 (1985).
150. Charge of child abuse does not meet test for merger into charge of felony first-degree murder. State v. Brown, 236 Kan. 800, 803, 696 P.2d 954 (1985).
151. Conviction hereunder; admission of evidence forming part of res gestae considered. State v. Peterson, 236 Kan. 821, 826, 696 P.2d 387 (1985).
152. Copies of attested Kansas court records and authenticated foreign court records constitute competent evidence of prior felony convictions for sentence enhancement. State v. Baker, 237 Kan. 54, 55, 697 P.2d 1267 (1985).
153. Accused need not be prosecuted or convicted of underlying felony for conviction of felony murder. State v. Wise, 237 Kan. 117, 121, 122, 123, 697 P.2d 1295 (1985).
154. Defense' continuance, language of information (K.S.A. 22-3201), sufficiency of evidence and hearsay testimony on intent of deceased (K.S.A. 60-460(d)(3)) discussed. State v. Garner, 237 Kan. 227, 699 P.2d 468 (1985).
155. Question reserved; refusal to admit defendant's inconsistent statements without results of polygraph tests constitutes error. State v. Martin, 237 Kan. 285, 699 P.2d 486 (1985).
156. Accomplice testimony on prior crimes, criteria (K.S.A. 60-455); testimony of unavailable witness, question on incentive (K.S.A. 60-460(d)(3)). State v. Sanford, 237 Kan. 312, 699 P.2d 506 (1985).
157. Felony murder instruction, death during flight from crime-res gestae; voluntary intoxication instruction; unintentional sequestration order violation. State v. Johns, 237 Kan. 402, 699 P.2d 538 (1985).
158. Replacement of juror; testimony of previously hypnotized witnesses; expert witness and investigative funds for defendant; "unavailable" witness; change of venue considered. State v. Haislip, 237 Kan. 461, 463, 701 P.2d 909 (1985).
159. Noted; separate trials, past alcohol/drug abuse records, post-Miranda statement, antagonism between counsel and voluntary intoxication discussed. State v. Falke, 237 Kan. 668, 683, 703 P.2d 1362 (1985).
160. Instructions on lesser included offenses; use of photographic slides, alleged weapon, hearsay testimony, corpus delicti, premeditation discussed. State v. Yarrington, 238 Kan. 141, 708 P.2d 524 (1985).
161. Confessions, prosecutorial misconduct, comments on 5 th Amendment privilege discussed. State v. Pursley, 238 Kan. 253, 710 P.2d 1231 (1985).
162. Insanity issue, diminished capacity, medical and nonexpert testimony examined. State v. Jackson, 238 Kan. 793, 714 P.2d 1368 (1986).
163. Disparity of sentences between codefendants discussed. State v. Johnson, 239 Kan. 124, 716 P.2d 192 (1986).
164. History discussed; burglary (K.S.A. 21-3715) held to be inherently dangerous to human life and supports felony murder rule. Smith v. State, 8 Kan. App. 2d 684, 685, 666 P.2d 730 (1983).
165. Warrantless arrest, confession, prosecutorial misconduct, expert testimony, lesser included offenses, excessive sentencing examined. State v. Strauch, 239 Kan. 203, 718 P.2d 613 (1986).
166. Use of out-state police records, record of out-state conviction, photographic evidence examined. State v. Bell, 239 Kan. 229, 718 P.2d 628 (1986).
167. Differences between K.S.A. 22-3504, 60-1507 examined; participant in felony murder cannot be aider and abettor. State v. Thomas, 239 Kan. 457, 462, 720 P.2d 1059 (1986).
168. Effective assistance of counsel, admission of "body pack" tape recording, "plain view" exception to 4 th Amendment examined. State v. Walker, 239 Kan. 635, 722 P.2d 556 (1986).
169. Amendments to complaint, alleged prosecutorial misconduct, jury instructions examined. State v. Barncord, 240 Kan. 35, 36, 726 P.2d 1322 (1986).
170. Evidence required to establish aggravated arson (K.S.A. 21-3718, 21-3719), what constitutes interest in another person examined. State v. Houck, 240 Kan. 130, 131, 727 P.2d 460 (1986).
171. Testimony on incarceration, rebuttal regarding sanity, venue change, hair samples and confession in evidence, jury instructions examined. State v. Alexander, 240 Kan. 273, 729 P.2d 1126 (1986).
172. Sufficiency of indictment, newly discovered evidence, venue change, jury instructions examined. State v. Bird, 240 Kan. 288, 729 P.2d 1136 (1986).
173. Voluntary statements of accused, use of gruesome photographs, alleged prejudicial testimony and news headlines, prosecutorial conduct examined. State v. Hollis, 240 Kan. 521, 731 P.2d 260 (1987).
174. Cited; information omitting one or more essential elements of crime charged examined. State v. Wilson, 240 Kan. 606, 607, 731 P.2d 306 (1987).
175. Cited; compulsion (K.S.A. 21-3209) as defense to felony murder when it is defense to underlying felony examined. State v. Hunter, 241 Kan. 629, 640, 740 P.2d 559 (1987).
176. Multiplicity of crimes, defendant's inquisition statements, absent witness' statements, instructions on consciousness of guilt examined. State v. Cathey, 241 Kan. 715, 716, 741 P.2d 738 (1987).
177. Defendant as co-counsel, admission of hearsay statements, unlawful firearm possession, underlying felony, venue and jurisdiction examined. State v. Martin, 241 Kan. 732, 733, 740 P.2d 577 (1987).
178. Instructions on voluntary intoxication (K.S.A. 21-3208), lesser included offenses (K.S.A. 21-3107) examined. State v. Shehan, 242 Kan. 127, 128, 744 P.2d 824 (1987).
179. Unconsciousness induced by seizure, instruction on unconsciousness and lesser included offenses, violation of order in limine examined. State v. Massey, 242 Kan. 252, 747 P.2d 802 (1987).
180. Cited; viable fetus as not a "human being" within meaning of aggravated vehicular homicide statute (K.S.A. 21-3405a) determined. State v. Trudell, 243 Kan. 29, 32, 755 P.2d 511 (1988).
181. Statute does not exclude killing of co-felon from its application. State v. Hoang, 243 Kan. 40., 46, 755 P.2d 7 (1988).
182. Conviction affirmed; evidence of victim's physical condition, instruction on premeditation examined. State v. Patterson, 243 Kan. 262, 268, 755 P.2d 551 (1988).
183. Conviction affirmed; witness privilege against self-incrimination, length of jury deliberation, failure to object to potential juror prejudice examined. State v. Longobardi, 243 Kan. 404, 756 P.2d 1098 (1988).
184. Conviction affirmed; funds for psychiatric examination, change of venue, defense of compulsion, sequestration of witnesses, due process, double jeopardy examined. State v. Dunn, 243 Kan. 414, 432, 758 P.2d 718 (1988).
185. Doctrine of merger applied; convictions of felony murder and child abuse (K.S.A. 21-3609) reversed. State v. Lucas, 243 Kan. 462, 463, 759 P.2d 90 (1988).
186. Conviction affirmed; instructions on lesser included offenses, res gestae participants in underlying felony, self-defense, improper closing argument examined. State v. Chism, 243 Kan. 484, 759 P.2d 105 (1988).
187. Cited; self-defense instruction by battered wife absent showing of imminent danger examined. State v. Stewart, 243 Kan. 639, 640, 763 P.2d 572 (1988).
188. Conviction reversed; sufficiency of information, two or more independent grounds, aiding and abetting, in-custody statement where English secondary language examined. State v. Garcia, 243 Kan. 662, 663, 763 P.2d 585 (1988).
189. Conviction reversed; prosecutorial withholding of exculpatory evidence late endorsement of witnesses, comment on defendant's failure to testify examined. State v. Beebe, 244 Kan. 48, 49, 766 P.2d 158 (1988).
190. Burden of proof and credibility of newly discovered evidence for purposes of new trial examined. State v. Bird, 244 Kan. 248, 768 P.2d 284 (1989).
191. Gruesome photographs; rebuttal evidence; inapplicability of felony murder doctrine with child abuse resulting in death examined. State v. Prouse, 244 Kan. 292, 293, 767 P.2d 1308 (1989).
192. Elements of crime as necessary to be alleged in complaint examined. State v. Browning, 245 Kan. 26, 27, 774 P.2d 935 (1989).
193. Confinement on unrelated charges as subterfuge to avoid K.S.A. 22-3402, change of venue, prosecutor as witness, judge's disqualification examined. State v. Goss, 245 Kan. 189, 190, 777 P.2d 781 (1989)
194. Exculpatory evidence, prior crime evidence, multiplicitous charges, sufficiency of evidence, eyewitness identification instruction, sentence enhancement examined. State v. Smith, 245 Kan. 381, 383, 781 P.2d 666 (1989).
195. Construing "viable fetus" to be within term "human being" exceeds judicial power and denies due process; legislative function to impose criminal liability. State v. Green, 245 Kan. 398, 399, 401, 781 P.2d 678 (1989).
196. Right to Miranda warning and counsel during custodial interrogation, right against self-incrimination, parole status evidence, murder statute examined. State v. Hartfield, 245 Kan. 431, 432, 781 P.2d 1050 (1989).
197. Manifest necessity in declaring mistrial; second trial as not constituting double jeopardy examined. In re Habeas Corpus Petition of Hoang, 245 Kan. 560, 781 P.2d 731 (1989).
198. Compelling recalcitrant witness to testify, conviction of both underlying felony and felony murder examined. State v. Gonzales, 245 Kan. 691, 783 P.2d 1239 (1989).
199. Voluntariness of statements, validity of statements after counsel appointed, harmless error in admitting examined. State v. White, 246 Kan. 28, 29, 785 P.2d 950 (1990).
200. Delays in holding trial caused by defendant's motion for competency hearing, basis of search warrant examined. State v. Prewett, 246 Kan. 39, 40, 785 P.2d 956 (1990).
201. Additional charge after preliminary hearing, double jeopardy, judicial voir dire improprieties, insanity and diminished capacity instructions, trial misconduct, sentences examined. State v. Pioletti, 246 Kan. 49, 50, 785 P.2d 963 (1990).
202. Facts indicating investigatory interrogation rather than custodial interrogation requiring Miranda warning examined. State v. Jones, 246 Kan. 214, 787 P.2d 726 (1990).
203. Child abuse resulting in death as merging with killing to constitute single offense examined. State v. Colwell, 246 Kan. 382, 383, 790 P.2d 430 (1990).
204. Reversal of felony murder conviction where child abuse underlying felony does not bar retrial on second-degree murder charge. In re Habeas Corpus Petition of Lucas, 246 Kan. 486, 487, 789 P.2d 1157 (1990).
205. Change in statute (K.S.A. 21-4606a) expanding presumptive sentences as substantive in nature and applicable prospectively determined. State v. Sylva, 14 Kan. App. 2d 609, 611, 795 P.2d 947 (1990); affirmed 248 Kan. 118, 804 P.2d 967 (1991).
206. Postarrest/Miranda silence, other crimes evidence, inquiry why prior complaining witnesses failed to pursue retrials examined. State v. Searles, 246 Kan. 567, 793 P.2d 724 (1990).
207. Physical evidence, instruction on involuntary manslaughter, voice identification, continuances, redacted statements examined. State v. Burnison, 247 Kan. 19, 20, 795 P.2d 32 (1990).
208. Cross-examination regarding prearrest and pre-Miranda statements, exclusion of black venire members in trial of white defendant examined. State v. Massey, 247 Kan. 79, 80, 795 P.2d 344 (1990).
209. Stop and search under K.S.A. 22-2402, instructions on lesser offenses, double jeopardy in felony murder trial, extent of immunity examined. State v. Bailey, 247 Kan. 330, 799 P.2d 977 (1990).
210. Validity of unverified complaint, statements to law officers, prosecutorial comments in closing argument, admitting autopsy photograph examined. State v. Graham, 247 Kan. 388, 799 P.2d 1003 (1990).
211. When instruction on lesser included offense necessary, voluntary intoxication as defense examined. State v. Gadelkarim, 247 Kan. 505, 802 P.2d 507 (1990).
212. Sufficiency of underlying felony in felony murder trial, content of information examined. State v. Davis, 247 Kan. 566, 567, 802 P.2d 541 (1990).
213. Determination whether interrogation custodial, ambiguous statement as to assertion of Miranda rights, voluntariness of confession examined. State v. Fritschen, 247 Kan. 592, 802 P.2d 558 (1990).
214. Sale of crack cocaine insufficient to support felony murder conviction; retrial for premeditated murder permitted. State v. Wesson, 247 Kan. 639, 647, 648, 802 P.2d 574 (1990).
215. Waiver of counsel before knowledge of charge, possibility of crime committed by another, ex parte material witness bond hearing, instructions on lesser offenses and premeditation examined. State v. Hamons, 248 Kan. 51, 52, 805 P.2d 6 (1991).
216. Rules for changing venue, definition of "brought to trial", time period to satisfy speedy trial requirement examined. State v. Bierman, 248 Kan. 80, 805 P.2d 25 (1991).
217. Trial court's consideration of events occurring after crime for which defendant being sentenced examined. State v. Hannah, 248 Kan. 141, 804 P.2d 990 (1991).
218. Right to speedy trial, peremptory challenges to strike potential jurors based on race from panel, DNA profiling evidence examined. Smith v. Deppish, 248 Kan. 217, 218, 807 P.2d 144 (1991).
219. Alleged amnesia and competency to stand trial examined. State v. Owens, 248 Kan. 273, 274, 807 P.2d 101 (1991).
220. Exception to general rules on lesser included offenses in felony murder cases noted; prosecutor's remarks during closing argument examined. State v. Hobbs, 248 Kan. 342, 343, 807 P.2d 120 (1991).
221. Warrantless arrest, probable cause for search warrant, jury selection and instructions, gruesome photographs, hearsay testimony, sentence enhancement examined. State v. Mayberry, 248 Kan. 369, 372, 807 P.2d 86 (1991).
222. Attempted aggravated criminal sodomy as underlying felony, "in custody" for Miranda purposes, voluntariness of confession, right to counsel, competency and sanity examined. State v. William, 248 Kan. 389, 399, 807 P.2d 1292 (1991).
223. Elements constituting underlying felony must be so distinct from homicide as not to be ingredient of homicide. State v. Leonard, 248 Kan. 427, 430, 807 P.2d 81 (1991).
224. Court's denial of defendant's motion to withdraw plea of nolo contendere examined. State v. Reed, 248 Kan. 506, 809 P.2d 553 (1991).
225. Self-defense instruction in murder trial of inmate/defendants, limiting testimony concerning prior self-defense killing examined. State v. Wiggins, 248 Kan. 526, 808 P.2d 1383 (1991).
226. When jury instructions on lesser included offenses required in child abuse murder trial examined; constitutionality of statute proscribing child abuse (K.S.A. 21-3609) upheld. State v. Hupp, 248 Kan. 644, 645, 809 P.2d 1207 (1991).
227. Prosecuting attorney's failure to immediately report possible juror misconduct to judge and defense counsel as reversible error examined. State v. Cady, 248 Kan. 743, 744, 811 P.2d 1143 (1991).
228. Lack of requirement for instruction on lesser included offense noted where from evidence jury could not reasonably convict. State v. Perkins, 248 Kan. 760, 772, 811 P.2d 1142 (1991).
229. Evidence required for instructions on lesser degrees of homicide and aggravated battery as lesser offense of attempted first-degree murder examined. State v. Dixon, 248 Kan. 776, 778, 781, 811 P.2d 1153 (1991).
230. Cited in opinion holding that possession of controlled substance (K.S.A. 65-4127b) is distinct from possession without affixing stamps (K.S.A. 79-5208). State v. Berberich, 248 Kan. 854, 861, 811 P.2d 1192 (1991).
231. Nonconfrontational videotaped lineup, preemptory challenge of member of defendant's race, prosecutorial comment regarding defendant's lack of alibi witnesses examined. State v. Milo, 249 Kan. 15, 16, 815 P.2d 519 (1991).
232. Jury panel selection, complaining witness counsel, closing argument misconduct, insanity defense, press access to affidavits supporting probable cause examined. State v. Baker, 249 Kan. 431, 433, 819 P.2d 1173 (1991).
233. Jury selection and composition; ineffective counsel; 4 th Amendment rights; probative value of evidence; insanity evaluation and instruction; speedy trial; pretrial publicity; TV coverage; venue; sentences examined. State v. Ji, 251 Kan. 3, 832 P.2d 1176 (1992).
234. Failure to suppress defendant statements, trial judge remarks to jury, evidence unavailable to defendant, requested instructions examined. State v. Nguyen, 251 Kan. 69, 71, 833 P.2d 937 (1992).
235. Sufficiency of evidence, instructions on lesser included offenses, use of photographic identification evidence. State v. Evans, 251 Kan. 132, 133, 834 P.2d 335 (1992).
236. Instructions on alternate lesser offenses, impossibility and terroristic threats examined; attempted murder evidence, sentence imposed examined. State v. DeHerrera, 251 Kan. 143, 144, 834 P.2d 918 (1992).
237. Jury selection by voter registration lists, lesser offense instructions, gang membership evidence, intent to seek hard 40, use of trial jury in sentencing, aggravating and mitigating circumstances. State v. Bailey, 251 Kan. 156, 158, 834 P.2d 342 (1992).
238. Imposition of statutory minimum sentence as not subject to abuse of discretion allegation; restitution order examined. State v. Beechum, 251 Kan. 194, 195, 202, 833 P.2d 988 (1992).
239. Pre-arrest interview statements, race-based juror exclusion, search and seizure, jury instruction on aiding and abetting, order of restitution examined. State v. Clemons, 251 Kan. 473, 474, 836 P.2d 1147 (1992).
240. Second trial judge's obligation to consider sentence imposed on codefendant when sentencing defendant to longer term examined. State v. Bailey, 251 Kan. 527, 834 P.2d 1353 (1992).
241. Failure to request instructions on lesser offense, diminished capacity; court's failure to inform jury on parole eligibility likelihood examined. State v. Perez, 251 Kan. 736, 737, 840 P.2d 1118 (1992).
242. Evidence supporting determination to try juvenile as adult (K.S.A. 38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 Kan. 755, 840 P.2d 483 (1992).
243. Conviction reversed where instruction on aggravated burglary failed to state specific underlying felony or felonies and their elements. State v. Linn, 251 Kan. 797, 798, 802, 840 P.2d 1133 (1992).
244. Corpus delicti (victims never found), jurisdiction, venue, pretrial publicity, seizure of vehicle and warranted search, warrantless apartment search, out-of-state interrogation, court's comments examined. State v. Grissom, 251 Kan. 851, 857, 840 P.2d 1142 (1992).
245. Merger of underlying felony, exclusion of expert testimony, withholding impeachment evidence, absence at in camera hearing, cross-examination rights examined. State v. Humphrey, 252 Kan. 6, 8, 845 P.2d 592 (1992).
246. When instruction on lesser included offenses of attempted first-degree murder appropriate examined. State v. Dixon, 252 Kan. 39, 40, 843 P.2d 172 (1992).
247. Cumulative trial errors and abuse of discretion when viewed in totality of circumstances as grounds for new trial examined. State v. Lumbrera, 252 Kan. 54, 56, 845 P.2d 609 (1992).
248. Allegations required in motion to withdraw guilty plea prior to sentencing, burden of showing abuse of discretion examined. State v. Larry, 252 Kan. 92, 843 P.2d 196 (1992).
249. Assistance of counsel examined regarding defendant's right to testify and guarantee against self-incrimination. Taylor v. State, 252 Kan. 98, 99, 843 P.2d 682 (1992).
250. Instructions on lesser offenses, deceased law officer's reputation for excessive force, imposition of mandatory 40-year term examined. State v. Deavers, 252 Kan. 149, 151, 843 P.2d 695 (1992).
251. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, hard 40 statute, examined. State v. Walker, 252 Kan. 279, 281, 845 P.2d 1 (1993).
252. Failure to instruct on lesser offenses of first-degree murder, failure to suppress confession examined. State v. McBroom, 252 Kan. 376, 377, 845 P.2d 654 (1993).
253. Conviction hereunder affirmed; no judicial misconduct or abuse of discretion by trial court. State v. Thomas, 252 Kan. 564, 565, 575, 847 P.2d 1219 (1993).
254. Jury completion of separate verdict forms for charges of felony murder and premeditated murder negated defendant's contention that hard 40 sentence should be vacated. State v. Kingsley, 252 Kan. 761, 762, 784, 851 P.2d 370 (1993).
255. Conviction affirmed; ex parte conversation between judge and ill juror, substitution of alternate juror, intoxication of defendant instructions and burden of proof addressed. State v. Minski, 252 Kan. 806, 807, 850 P.2d 809 (1993).
256. Jury could reasonably infer deliberation and premeditation from factual circumstances presented. State v. Phillips, 252 Kan. 937, 938, 939, 850 P.2d 877 (1993).
257. Admission of testimony that defendant had on previous occasions physically abused victim examined. State v. Young, 253 Kan. 28, 852 P.2d 510 (1993).
258. Expert testimony improper that allows jury to infer guilt because "Behavioral Triggers" of child abuse present. State v. Cheeks, 253 Kan. 93, 103, 853 P.2d 655 (1993).
259. When defendant may be sentenced in absentia, waiver of right to be present examined. State v. Braun, 253 Kan. 141, 853 P.2d 686 (1993).
260. A ruse entry to search defendant's home, warrantless arrest, search following arrest, and convictions as multiplicitous examined. State v. Johnson, 253 Kan. 356, 856 P.2d 134 (1993).
261. Application of K.S.A. 21-4601, 21-4606 to sentencing rather than modification noted; when provisions of K.S.A. 21-4603(4) applicable examined. State v. Mareska, 253 Kan. 431, 855 P.2d 954 (1993).
262. Indigent criminal defendant's right to counsel, charging two or more crimes in same complaint, hard 40 sentence enhancement examined. State v. Cromwell, 253 Kan. 495, 496, 856 P.2d 1299 (1993).
263. Whether notice to seek hard 40 for defendant charged with felony murder is defective notice vacating sentence examined. State v. Richardson, 256 Kan. 69, 73, 883 P.2d 1107 (1994).
264. Crime of attempted felony-murder not recognized in state; felony-murder requires actual homicide. State v. Robinson, 256 Kan. 133, 135, 883 P.2d 764 (1994).
265. Whether attempted first-degree murder is an article 34 crime subject to application of firearms statute examined. State v. Gibbons, 256 Kan. 951, 965, 889 P.2d 772 (1995).
266. Attempted murder based on transferred intent theory does not merge with homicide for felony-murder purposes. State v. Jones, 257 Kan. 856, 863, 896 P.2d 1077 (1995).
267. Evidence sufficient to convict defendant of first-degree murder. State v. Smith, 258 Kan. 321, 327, 904 P.2d 999 (1995).
268. Trial court's failure to instruct jury on second-degree murder as a lesser included offense of first-degree murder held reversible error. State v. Sanders, 258 Kan. 409, 414, 904 P.2d 951 (1995).
269. Venue for murder proper in county where body of victim found. State v. Johnson, 258 Kan. 475, 485, 905 P.2d 94 (1995).
270. Special appellate review privileges do not apply to sentence of life imprisonment. State v. Hayes, 258 Kan. 629, 638, 908 P.2d 597 (1995).
271. Attempted murder resulting in death of unintended victim is independent collateral felony under felony-murder rule. State v. Gayden, 259 Kan. 69, 73, 75, 910 P.2d 826 (1996).
272. No error in denial of jury instruction on theft by possessing stolen property as a lesser included offense of felony murder. State v. Holt, 260 Kan. 33, 38, 917 P.2d 1332 (1996).
273. Amendment to felony-murder complaint to charge alternative theory of premeditated murder at close of state's case upheld. State v. Matson, 260 Kan. 366, 369, 921 P.2d 790 (1996).
274. Evidence sufficient to show murder occurred in the commission of underlying felony subjecting defendant to felony-murder rule. State v. Kaesontae, 260 Kan. 386, 388, 920 P.2d 959 (1996).
275. Evidence sufficient for felony-murder conviction based on defendant's felonious conduct causing victim's heart attack Kan. State v. Shaw, 260 Kan. 396, 401, 921 P.2d 779 (1996).
276. Evidence is sufficient to support conviction for first-degree murder. State v. High, 260 Kan. 480, 481, 922 P.2d 430 (1996).
277. Evidence presented by prosecution sufficient to establish factual basis for first-degree murder conviction. State v. Shears, 260 Kan. 823, 824, 830, 925 P.2d 1136 (1996).
278. Evidence sufficient to support inference of premeditation in first-degree murder conviction. State v. Pierce, 260 Kan. 859, 863, 871, 927 P.2d 929 (1996).
279. Requires proof of specific intent; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 783, 922 P.2d 1123 (1996).
280. Evidence sufficient for murder conviction; no error in jury's rejection of defendant's self-defense theory. State v. Roberts, 261 Kan. 320, 321, 330, 931 P.2d 683 (1997).
281. Witness alleged lack of credibility did not render evidence insufficient for felony murder conviction. State v. Abel, 261 Kan. 331, 338, 932 P.2d 952 (1997).
282. Defendant not entitled to lesser included offense of voluntary manslaughter; no evidence of provocation in record. State v. Moncla, 262 Kan. 58, 73, 936 P.2d 727 (1997).
283. Merger doctrine not applicable to involuntary manslaughter under K.S.A. 21-3404(b). State v. Ullard, 24 Kan. App. 2d 249, 251, 254, 943 P.2d 947 (1997).
284. Conviction for premeditated murder after charge was dismissed at preliminary examination for insufficient evidence reversed. State v. Thompkins, 263 Kan. 602, 609, 952 P.2d 1338 (1998).
285. Trial court failure to instruct jury on involuntary manslaughter as lesser included offense in felony murder case upheld. State v. Smallwood, 264 Kan. 69, 84, 955 P.2d 1209 (1998).
286. Evidence of premeditation sufficient to convict defendant of premeditated murder. State v. Kuykendall, 264 Kan. 647, 651, 957 P.2d 1112 (1998).
287. Trial court refusal to instruct jury on felony murder as a lesser included offense of premeditated murder affirmed. State v. McKinney, 265 Kan. 104, 109, 961 P.2d 1 (1998).
288. Intent to injure not required element for underlying felony in felony-murder prosecution; felonious conduct inherently dangerous to human life sufficient. State v. Carr, 265 Kan. 608, 615, 963 P.2d 421 (1998).
289. Hard 40 sentence reversed; evidence insufficient, beyond reasonable doubt, that ax murder especially heinous, atrocious or cruel. State v. Spry, 266 Kan. 523, 973 P.2d 783 (1999).
290. Numerous alleged errors insufficient to reverse conviction; cumulative error argument without merit; trial was fair and impartial. State v. Brown, 266 Kan. 563, 973 P.2d 773 (1999).
291. Sufficient evidence to justify finding of premeditated first-degree murder. State v. Saleem, 267 Kan. 100, 104, 977 P.2d 921 (1999).
292. Evidence supports verdict of first-degree premeditated murder as an aider and abetter. State v. Wakefield, 267 Kan. 116, 136, 141, 977 P.2d 941 (1999).
293. Conviction of first-degree murder affirmed. State v. Sperry, 267 Kan. 287, 978 P.2d 933 (1999).
294. Conviction of first-degree murder upheld; prosecutorial misconduct considered harmless error. State v. Cravatt, 267 Kan. 314, 979 P.2d 679 (1999).
295. Conviction of first-degree felony murder upheld; closing argument statements of prosecutor held harmless error. State v. McCray, 267 Kan. 339, 343, 979 P.2d 134 (1999).
296. No error in refusing to instruct on aggravated battery as a lesser included offense of first-degree murder; where death occurs, the battery merges into the homicide. State v. Williams, 268 Kan. 1, 16, 988 P.2d 722 (1999).
297. Sufficient evidence to support conviction of first-degree murder; physical and circumstantial evidence considered. State v. Juiliano, 268 Kan. 89, 98, 991 P.2d 408 (1999).
298. Reversible error to fail to instruct on aggravated battery as a lesser included offense of attempted first-degree murder. State v. Riley, 26 Kan. App. 2d 533, 534, 989 P.2d 792 (1999).
299. State did not have to prove defendant acted maliciously for felony-murder conviction. Gourley v. McKune, 44 F. Supp. 2d 1158, 1163 (1999).
300. Offenses did not merge; felony murder charge was proper based upon criminal discharge of a firearm at an occupied dwelling, an inherently dangerous felony. State v. Rayton, 268 Kan. 711, 1 P.3d 854 (2000).
301. No error in refusing to instruct on lesser included offenses of voluntary manslaughter and aggravated battery and on defense of self-defense. State v. Hunt, 270 Kan. 203, 14 P.3d 430 (2000).
302. Kansas follows majority rule in interpretation of felony-murder statute; defendant may not be convicted of felony-murder for killing of his co-felon by law enforcement officer. State v. Sophophone, 270 Kan. 703, 19 P.3d 70 (2001).
303. No error in permitting in-court reconstruction of positions of defendant and victim. State v. Donesay, 270 Kan. 720, 19 P.3d 779 (2001).
304. No error in failing to give "mere association" instruction because guilt can only follow a finding of intentionally aiding and abetting. State v. Pink, 270 Kan. 728, 20 P.3d 31 (2001).
305. No error in court's instruction on aiding and abetting. State v. Jackson, 270 Kan. 755, 19 P.3d 121 (2001).
306. Conviction affirmed; circumstances may give rise to inference of premeditation; mental disability, alone, is not determinative of voluntariness. State v. Caenen, 270 Kan. 776, 19 P.3d 142 (2001).
307. Defendant may not be convicted of felony murder based on killing of co-felon by victim acting in self-defense. State v. Murphy, 270 Kan. 804, 19 P.3d 80 (2001).
308. Prosecutor's comments during closing argument in first-degree felony murder case held not so flagrant as to deny defendant a fair trial. State v. Hooker, 271 Kan. 52, 21 P.3d 964 (2001).
309. To justify reversal of conviction for failure to disclose evidence, evidence must clearly be exculpatory and prejudicial to defendant. State v. Scott, 271 Kan. 103, 21 P.3d 516 (2001).
310. No error in trial court's denying defendant request for substitute counsel and in determining defendant was competent to stand trial. State v. Lopez, 271 Kan. 119, 22 P.3d 1040 (2001).
311. Evidence held sufficient to prove premeditation. State v. Alvidrez, 271 Kan. 143, 20 P.3d 1264 (2001).
312. No error in admitting defendant's pretrial statement nor in imposing consecutive sentences. State v. Ramos, 271 Kan. 520, 24 P.3d 95 (2001).
313. Conviction of first-degree premeditated murder and imposition of hard 40 sentence affirmed. State v. Albright, 271 Kan. 546, 24 P.3d 103 (2001).
314. No requirement to instruct on second-degree murder; jury may be instructed on aiding and abetting without such being charged. State v. Amos, 271 Kan. 565, 23 P.3d 883 (2001).
315. Felony murder conviction affirmed. State v. Branning, 271 Kan. 877, 26 P.3d 673 (2001).
316. Conviction of first-degree felony murder affirmed. State v. Gilbert, 272 Kan. 209, 32 P.3d 713 (2001).
317. First-degree premeditated murder conviction affirmed; wife convicted of killing husband by shooting him twice in back of the head with husband's .357 magnum revolver while he was sleeping. State v. Diggs, 272 Kan. 349, 34 P.3d 63 (2001).
318. Premeditated first-degree murder conviction affirmed; no error in denying motion for new trial based on recanted testimony of prosecution witness. State v. Betts, 272 Kan. 369, 33 P.3d 575 (2001).
319. Murder of ex-husband by abused woman affirmed; harmless error and federal constitutional error considered. State v. Leitner, 272 Kan. 398, 34 P.3d 42 (2001).
320. Felony murder conviction affirmed; claimed violations of right to confrontation and to due process denied. State v. Dean, 272 Kan. 429, 33 P.3d 225 (2001).
321. Premeditated murder conviction affirmed; imposition of hard 40 sentence not violation of federal or state constitutions. State v. Sanders, 272 Kan. 445, 33 P.3d 596 (2001).
322. Jury has right to infer premeditation from circumstances of case. State v. Navarro, 272 Kan. 573, 35 P.3d 802 (2001).
323. Evidence sufficient to support premeditated murder; no instruction on second-degree intentional murder required. State v. Hermosillo, 272 Kan. 589, 35 P.3d 833 (2001).
324. Prosecutorial misconduct must be of such a magnitude to deny defendant's constitutional right to fair trial. State v. Gholston, 272 Kan. 601, 35 P.3d 868 (2001).
325. Defendant knowingly waived Miranda rights. State v. Groschang, 272 Kan. 652, 36 P.3d 231 (2001).
326. Abuse of defendant's six-month old son sufficient act to support felony murder conviction. State v. Broyles, 272 Kan. 823, 36 P.3d 259 (2001).
327. Convictions based on circumstantial evidence of first-degree murder, aggravated kidnapping and aggravated indecent liberties affirmed. State v. Bledsoe, 272 Kan. 1350, 39 P.3d 38 (2002).
328. Before accepting plea, court must advise defendant of maximum sentence that could be imposed. State v. Williams, 275 Kan. 284, 64 P.3d 353 (2003).
329. Multiple felony convictions affirmed; no Miranda violation but resentencing required for one conviction because of Gould. State v. Hullum, 273 Kan. 282, 43 P.3d 806 (2002).
330. Juvenile convictions may be used in calculating defendant's criminal history score. State v. Clemons, 273 Kan. 328, 45 P.3d 384 (2002).
331. Felony murder conviction affirmed; defendant not to benefit from a favorable nonretroactive ruling in a later, separate appeal. Easterwood v. State, 273 Kan. 361, 44 P.3d 1209 (2002).
332. Prosecutor's comment in closing argument was error but was not plain error requiring reversal. State v. Albright, 273 Kan. 811, 46 P.3d 1167 (2002).
333. Two consecutive hard 50 sentences affirmed. State v. Douglas, 274 Kan. 96, 49 P.3d 446 (2002).
334. No error in admitting eight photographs from autopsy although photographs caused one juror to faint and be replaced. State v. Green, 274 Kan. 145, 48 P.3d 1276 (2002).
335. In charging an attempt crime defendant must be advised of offense attempted but elements of offense need not be meticulously enumerated. State v. Wilson, 30 Kan. App. 2d 498, 43 P.3d 851 (2002).
336. Under facts of case, sufficient evidence to support a finding of premeditation. State v. Decker, 275 Kan. 502, 66 P.3d 915 (2003).
337. Where felony murder based on alternative felonies, jury unanimity is required for single crime charged but not required as to means by which crime committed if substantial evidence supports each alternative means. State v. Beach, 275 Kan. 603, 67 P.3d 121 (2003).
338. Felony murder and premeditated murder are not separate crimes but different theories of proving required elements of premeditation and intent for crime of first-degree murder. State v. Hoge, 276 Kan. 801, 80 P.3d 52 (2003).
339. Right to counsel for a murder charge does not attach when defendant has been charged and is in jail on robbery charge. State v. Pennington, 276 Kan. 841, 80 P.3d 44 (2003).
340. Sufficient comments by defendant during interrogation to invoke right to counsel; error to continue questioning. State v. Walker, 276 Kan. 939, 80 P.3d 1156 (2003).
341. Gang slaying affirmed; victim sustained 16 gun shot wounds plus one stab wound. State v. Ly, 277 Kan. 386, 85 P.3d 1200 (2004).
342. First-degree murder conviction reversed based on prosecutor's comment that premeditation can take place in an instant. State v. Morton, 277 Kan. 575, 86 P.3d 535 (2004).
343. Evidence plainly sufficient to support first-degree murder conviction but reversed in part as clear error for failure to instruct on attempted aggravated battery. State v. Young, 277 Kan. 588, 601, 87 P.3d 308 (2004).
344. Aider and abettor of inherently dangerous felony does not need to be physically present when crime is committed to be guilty of felony murder. State v. Gleason, 277 Kan. 624, 88 P.3d 218 (2004).
345. No error in granting late endorsement of government witness or of admitting photographs of victim. State v. Shelby, 277 Kan. 668, 89 P.3d 558 (2004).
346. No error in admitting gruesome photographs of crime scene. State v. Parker, 277 Kan. 838, 89 P.3d 622 (2004).
347. Sentence vacated and remanded for correction; under statute effective in 1984, defendant's sentence could only be doubled not tripled. State v. Walker, 277 Kan. 849, 89 P.3d 920 (2004).
348. Premeditated first-degree murder conviction affirmed. State v. Smith, 278 Kan. 45, 92 P.3d 1096 (2004).
349. Hard 50 sentence is constitutional and affirmed; evidence sufficient to uphold conviction for first-degree premeditated murder. State v. Wilkerson, 278 Kan. 147, 91 P.3d 1181 (2004).
350. First-degree murder conviction affirmed; premeditation may be inferred from various circumstances. State v. Cavaness, 278 Kan. 469, 101 P.3d 717 (2004).
351. Failure to define premeditation in instructions not error. State v. Patton, 33 Kan. App. 2d 391, 102 P.3d 1195 (2004).
352. Accused need not be prosecuted for or convicted of underlying felony in order to be convicted of felony murder. State v. Dixon, 279 Kan. 563, 112 P.3d 883 (2005).
353. Convictions of first-degree felony murder and sale of cocaine affirmed. State v. Donaldson, 279 Kan. 694, 112 P.3d 99 (2005).
354. Use of prior convictions not unconstitutional under Apprendi. State v. Lackey, 280 Kan. 190, 120 P.3d 332 (2005).
355. Elimination of word "maliciously" from section does not make section unconstitutionally vague or shift burden of proof to defendant. State v. Brown, 280 Kan. 898, 124 P.3d 1035 (2006).
356. Defendant voluntarily entered plea to felony murder charge; motion to withdraw plea rejected. State v. Harned, 281 Kan. 1023, 1047, 135 P.3d 1169 (2006).
357. Conviction upheld; trial court did not err in allowing gang evidence at trial. State v. Tatum, 281 Kan. 1098, 1109, 135 P.3d 1088 (2006).
358. Sufficiently significant circumstances and evidence existed for rational factfinder to find defendant guilty of charges. State v. Moody, 35 Kan. App. 2d 547, 554, 555, 556, 132 P.3d 985 (2006).
359. Prosecutor's closing remark that premeditation can occur rapidly did not violate due process law. Sperry v. McKune, 445 F.3d 1268, 1273 (2006).
360. Aggravated battery is not a lesser included crime of attempted first-degree murder. State v. Gaither, 283 Kan. 671, 692, 156 P.3d 602 (2007).
361. Section cited in court rejecting defendant's multiplicity argument. State v. Conway, 284 Kan. 37, 55, 56, 159 P.3d 917 (2007).
362. Cited; imperfect self-defense relating to voluntary manslaughter not appropriate, when. State v. Carter, 284 Kan. 312, 326, 160 P.3d 457 (2007).
363. Statute provides alternate methods of proving the deliberation and premeditation required for conviction of first-degree murder. Swenson v. State, 284 Kan. 648, 660, 162 P.3d 808 (2007).
364. A charge of attempted first degree murder can only fall under K.S.A. 21-3401(a). Swenson v. State, 284 Kan. 931, 169 P.3d 289 (2007).
365. Accused need not be prosecuted for underlying felony in order to be convicted of felony murder. State v. Garcia, 285 Kan. 1, 169 P.3d 1069 (2007).
366. Prosecutors must avoid forms of the word "instant" in relationship to describing "premeditation." State v. Cosby, 285 Kan. 230, 248, 169 P.3d 1128 (2007).
367. Mentioned in discussion of attempted DUI; evidence supported the charge of attempt to operate vehicle. State v. Stevens, 285 Kan. 307, 315, 172 P.3d 570 (2007).
368. Mentioned in case involving liability of aider and abettor of a criminal act. State v. Stout, 37 Kan. App. 2d 510, 517, 518, 154 P.3d 1176 (2007).
369. Mentioned; defendant pled to attempted second degree unintentional murder, now a nonexistent crime; test discussed. McPherson v. State, 38 Kan. App. 2d 276, 284, 163 P.3d 1257 (2007).
370. Mentioned in murder conviction based entirely on circumstantial evidence; affirmed. State v. Murray, 285 Kan. 503, 537, 174 P.3d 407 (2008).
371. Felony murder and criminal discharge of a firearm are intended to be separate offenses; cumulative punishments authorized. State v. Farmer, 285 Kan. 541, 175 P.3d 221 (2008).
372. Convictions hereunder reversed; defendant a juvenile and state failed to follow juvenile code procedure. State v. Breedlove, 285 Kan. 1006, 1007, 179 P.3d 1115 (2008).
373. Kansas legislature did not intend cumulative punishments for capital murder and first-degree premeditated murder. State v. Scott, 286 Kan. 54, 66, 183 P.3d 801 (2008).
374. Discussed in felony murder case where K.S.A. 21-4219 was the underlying felony; self-defense discussion. State v. Kirkpatrick, 286 Kan. 329, 368, 184 P.3d 247 (2008).
375. Cited in discussion of premeditation; new trial ordered for failure to instruct on lesser included offense of second-degree murder. State v. Scaife, 286 Kan. 614, 617, 629, 186 P.3d 755 (2008).
376. Cited; identical offense sentencing doctrine discussed, not applicable under case facts. State v. Warledo, 286 Kan. 927, 951, 956, 190 P.3d 937 (2008).
377. Conviction for felony murder upheld even though defendant acquitted of underlying felony. State v. Herron, 286 Kan. 959, 964-966, 189 P.3d 1173 (2008).
378. Cited; premeditation and sufficiency of evidence to establish discussed and applied. State v. Cook, 286 Kan. 1098, 1101, 191 P.3d 294 (2008).
379. Cited; witness testified what murder victim said but no constitutional confrontation objection raised at trial; no reversible error. State v. Anderson, 287 Kan. 325, 341, 197 P.3d 409 (2008).
380. Cited; court discusses rule for lesser included offense instructions in felony murder cases. State v. Jones, 287 Kan. 547, 556, 197 P.3d 815 (2008).
381. Conviction hereunder upheld; aiding and abetting principles discussed and applied. State v. Grant, 288 Kan. 76, 201 P.3d 673 (2009).
382. Double homicide convictions for capital murder under K.S.A. 21-3439(a)(6) and for first-degree premeditated murder held improperly duplicitous. Trotter v. State, 288 Kan. 112, 200 P.3d 1236 (2009).
383. Conviction hereunder affirmed; alleged improper inference of guilt by prosecutor held not improper. State v. McReynolds, 288 Kan. 318, 202 P.3d 658 (2009).
384. Conviction hereunder affirmed; no error regarding evidence of prior bad acts or photos of victim. State v. Riojas, 288 Kan. 379, 204 P.3d 578 (2009).
385. Journal entry clarified crime was sexually motivated; district court affirmed. State v. Garcia, 288 Kan. 761, 207 P.3d 251 (2009).
386. Felony murder convictions affirmed; discussion of unanimity instructions; alternative means cases and multiple acts cases. State v. Dixon, 289 Kan. 46, 209 P.3d 675 (2009).
387. No equal protection violation in not providing DNA testing for intentional second-degree murder. State v. Salas, 289 Kan. 245, 210 P.3d 635 (2009).
388. Convictions hereunder upheld; suppression of evidence denied based on consent to search by another resident. State v. Ransom, 289 Kan. 373, 212 P.3d 203 (2009).
389. Evidence held sufficient to convict defendant of unintentional second-degree murder. State v. Deal, 41 Kan. App. 2d 866, 206 P.3d 529 (2009).
390. Ample evidence supported defendant's conviction for attempted first-degree murder. State v. Mendoza, 41 Kan. App. 2d 996, 207 P.3d 1072 (2009).
391. Provision discussed and applied; DNA testing denied because it would not produce exculpatory evidence. State v. Lackey, 42 Kan. App. 2d 89, 208 P.3d 793 (2009).
392. Jury instruction on inferable intent given at trial for attempted first-degree murder did not impermissibly change statutory definition of intentional conduct. State v. Hernandez, 44 Kan. App. 2d 524, 239 P.3d 103 (2010).
393. Attempted voluntary manslaughter may support a felony-murder charge if circumstances identified in K.S.A. 21-3436(b) are met. State v. Flores, 292 Kan. 257, 252 P.3d 570 (2011).
394. The elements of aiding and abetting first-degree premeditated murder and capital murder based on murder for hire are not identical. State v. Robinson, 293 Kan. 1002, 270 P.3d 1183 (2012).
395. The crimes of first-degree premeditated murder and second-degree intentional murder are not identical. State v. Astorga, 295 Kan. 339, 284 P.3d 279 (2012).
396. Felony murder is a lesser included crime of capital murder. State v. Mireles, 297 Kan. 339, 301 P.3d 677 (2013).
397. Phrase "in the commission of, attempt to commit, or flight from an inherently dangerous felony" in felony-murder statute does not create alternative means of committing the crime. State v. Cheffen, 297 Kan. 689, 303 P.3d 1261 (2013).
398. Legislature did not intend to create alternative means of committing felony murder. State v. Harris, 297 Kan. 1076, 306 P.3d 282 (2013).
399. Appropriate to instruct jury in felony murder case that jury can find defendant guilty upon proof that killing was committed while in flight from an attempt to commit an inherently dangerous felony. State v. Brown, 300 Kan. 542, 556, 331 P.3d 781 (2014).
400. Felony murder and premeditated murder are alternative methods of proving murder in the first degree, not separate crimes. State v. Thomas, 302 Kan. 440, 448, 353 P.3d 1134 (2015).
|