KANSAS OFFICE of
  REVISOR of STATUTES

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21-3407.

History: L. 1969, ch. 180, § 21-3407; Repealed, L. 1992, ch. 183, § 9; Repealed, L. 1993, ch. 291, § 283; July 1.

Source or Prior Law:

21-409, 21-437.

CASE ANNOTATIONS

1. Requirement that abortion be performed in accredited hospital and that three physicians attest to necessity of termination held unconstitutional; unconstitutional provisions of section held severable. Poe v. Menghini, U.S. District Court of Kansas, Civil Action No. KC-3411, filed March 13, 1972.

2. Subsection (2)(a) held to violate equal protection clause of the 14 th Amendment. Poe v. Menghini, 339 F. Supp. 986, 995, 996.

3. Trial judge has a duty to instruct on a lesser degree of a crime when accused might be convicted of the lesser offense. State v. Conley, 6 Kan. App. 280, 284, 627 P.2d 1174.

4. 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).

5. Wrongful birth as recognized tort, type of damages and period of time covered determined. Arche v. United States of America, 247 Kan. 276, 281, 798 P.2d 477 (1990).


 



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