Source or Prior Law:

21-527, 21-528, 21-530.

Law Review and Bar Journal References:

Kansas theft law, Paul E. Wilson, 20 K.L.R. 385, 392 (1972).

"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).

CASE ANNOTATIONS

1. Defendant, having no interest in an automobile cannot invoke protection of immunity from search and seizure. State v. Grimmett & Smith, 208 Kan. 324, 325, 491 P.2d 549.

2. Unless it fails to state a public offense, sufficiency of information may not be challenged in post-conviction proceeding. Weathers v. State, 208 Kan. 653, 493 P.2d 270.

3. Conviction under K.S.A. 21-527 (now repealed); record reviewed; no prejudicial error. State v. Calvert, 211 Kan. 174, 175, 505 P.2d 1110.

4. Conviction of aggravated robbery; failure to instruct hereunder did not constitute error under evidence. State v. Hollaway, 214 Kan. 636, 640, 522 P.2d 364.

5. Applied; cross-examination of witness concerning prior conviction of robbery in burglary trial upheld. State v. Price, 215 Kan. 718, 723, 529 P.2d 85.

6. Motion to dismiss on ground information not in wording of statute was defective overruled. State v. Lamb, 215 Kan. 795, 797, 530 P.2d 20.

7. Conviction hereunder reversed; cross-examination of accused concerning prior conviction not within scope of direct examination. State v. Harris, 215 Kan. 961, 529 P.2d 101.

8. 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.

9. Conviction hereunder and of other offenses reviewed; failure to move for severance of offenses constitutes waiver of joinder. State v. Townsley, 217 Kan. 102, 535 P.2d 1.

10. Conviction hereunder and of other crimes affirmed; evidence admissible. State v. Donahue, 218 Kan. 351, 543 P.2d 962.

11. Conviction hereunder upheld; admission of evidence of prior crimes not reversible error. State v. Watkins, 219 Kan. 81, 83, 547 P.2d 810.

12. Robbery complete where taking occurs; no error by trial court in failing to instruct on lesser included offense. State v. Buggs, 219 Kan. 203, 206, 547 P.2d 720.

13. Erroneous admission of prior conviction constituted prejudice; conviction hereunder reversed. State v. Donnelson, 219 Kan. 772, 773, 549 P.2d 964.

14. Conviction hereunder reviewed; no error found. State v. Barnes, 220 Kan. 25, 26, 551 P.2d 815.

15. Applied in determining allowance of amendment of information to conform to evidence after close of case. State v. Rives, 220 Kan. 141, 145, 551 P.2d 788.

16. Conviction hereunder reversed; robbery not committed where peaceable possession of property gained without violence. State v. Aldershof, 220 Kan. 798, 800, 804, 556 P.2d 371.

17. Specific intent not essential element of crime specified by section. State v. Thompson, 221 Kan. 165, 174, 558 P.2d 93.

18. In prosecution for robbery, state was not required to allege money was not property of defendant. State v. Lucas, 221 Kan. 88, 89, 90, 557 P.2d 1296.

19. Appeal from sentence imposed hereunder; mandatory minimum sentencing (K.S.A. 21-4618) inapplicable to unarmed accomplice. State v. DeCourcy, 224 Kan. 278, 279, 282, 580 P.2d 81.

20. Cited; ownership of property taken is not an element of robbery. State v. McQueen & Hardyway, 224 Kan. 420, 430, 582 P.2d 251.

21. Conviction hereunder; refusal to dismiss K.S.A. 21-3427 charge proper; existence of dangerous weapon a jury question. State v. Robertson, 225 Kan. 572, 592 P.2d 460.

22. Minor convicted as adult hereunder; failure to receive fair treatment and fair trial; conviction reversed. State v. Gammill, 2 Kan. App. 2d 627, 628, 630, 585 P.2d 1074.

23. Cited; information charging aggravated robbery was defective; convictions on aggravated robbery were reversed. State v. Howell & Taylor, 226 Kan. 511, 512, 601 P.2d 1141.

24. Conviction under K.S.A. 21-3427 upheld; no evidence to support giving of instruction for simple robbery. State v. Prince, 227 Kan. 137, 140, 605 P.2d 563.

25. Mentioned in upholding conviction for attempted aggravated robbery; mandatory sentencing under K.S.A. 21-4618 considered and applied. State v. Thompson, 3 Kan. App. 2d 426, 429, 596 P.2d 174.

26. Conviction hereunder reversed; failure to instruct on lesser included offense; readback of testimony in jury room; communication with jury outside defendant's presence absent their waiver. State v. Antwine, 4 Kan. App. 2d 389, 398, 607 P.2d 519.

27. Attempted aggravated sodomy, aiding and abetting aggravated sodomy discussed; robbery incidental thereto. State v. Robinson, Lloyd & Clark, 229 Kan. 301, 302, 624 P.2d 964.

28. Habeas corpus relief denied; nolo contendere plea not invalid as result of defendants being uninformed as to potential parole eligibility. Hicks v. Oliver, 523 F. Supp. 64, 66 (1981).

29. Element of force established if killing of victim and removal of property from body form continuous chain of events. State v. Myers, 230 Kan. 697, 702, 704, 640 P.2d 1245 (1982).

30. Concurring opinion; presence of gun determined under this statute should not disagree with same determination under K.S.A. 21-3427. State v. Harrison, 231 Kan. 489, 495, 646 P.2d 493 (1982).

31. Battery or aggravated battery not lesser included crimes of robbery or aggravated robbery so as to require an instruction thereon. State v. Warwick, 232 Kan. 232, 235, 654 P.2d 403 (1982).

32. Value of property taken, not determinative of seriousness; primarily offense against person; property need not have intrinsic value. State v. Gomez, 234 Kan. 447, 449, 673 P.2d 1160 (1983).

33. Test is whether taking has been completed at time force or threat used by defendant. State v. Long, 234 Kan. 580, 675 P.2d 832 (1984).

34. Where defendant only possible perpetrator, eyewitness identification not critical part of prosecution's case. State v. Jones, 234 Kan. 1025, 1028, 676 P.2d 1281 (1984).

35. Res gestae evidence, inconsistent jury verdicts, trial court response to jury questions during deliberations discussed. State v. Peck, 237 Kan. 756, 703 P.2d 781 (1985).

36. Theft (K.S.A. 21-3701) noted as lesser included offense (K.S.A. 21-3107) in case raising lesser included offense of rape (K.S.A. 21-3502) question. State v. Moore, 242 Kan. 1, 3, 748 P.2d 833 (1987).

37. Cited; elements necessary for instructions on lesser included offenses (K.S.A. 21-3107) of aggravated robbery (K.S.A. 21-3427) examined. State v. Patterson, 243 Kan. 262, 266, 755 P.2d 551 (1988).

38. Cited; convictions of multiple offenses as not violating double jeopardy examined. State v. Dunn, 243 Kan. 414, 432, 758 P.2d 718 (1988).

39. Cited; amendment of complaint, information or indictment before verdict or finding in aggravated robbery (K.S.A. 21-3427) trial examined. State v. Rasch, 243 Kan. 495, 497, 758 P.2d 214 (1988).

40. Sufficiency of aggravated robbery information, specificity of items taken vs. theft charge examined. State v. Spears, 246 Kan. 283, 285, 788 P.2d 261 (1990).

41. Instruction on method of committing aggravated robbery not alleged in information examined. State v. Davis, 247 Kan. 566, 569, 802 P.2d 541 (1990).

42. Evidence sufficient to impose duty to instruct on lesser included offense examined. State v. Sutherland, 248 Kan. 96, 103, 804 P.2d 970 (1991).

43. Proof of underlying felony in felony murder case examined. State v. Hobbs, 248 Kan. 342, 347, 807 P.2d 120 (1991).

44. Instruction on lesser included offense not required if from evidence jury could not reasonably convict thereon noted. State v. Perkins, 248 Kan. 760, 773, 811 P.2d 1142 (1991).

45. What constitutes reasonable stop and frisk (K.S.A. 22-2402), reasonable stop and frisk as not converted into arrest without probable cause examined. State v. Nugent, 15 Kan. App. 2d 554, 811 P.2d 890 (1991).

46. Conviction reversed; robbery not committed where taking of property completed at time of force. State v. Dean, 250 Kan. 257, 258, 260, 824 P.2d 978 (1992).

47. Battery is a lesser included offense to aggravated robbery based on proof of facts alleged in complaint. State v. Hill, 16 Kan. App. 2d 432, 434, 825 P.2d 1141 (1992).

48. Sufficiency of evidence and single impulse theory examined (related first-degree murder case where bodies of victims never found). State v. Grissom, 251 Kan. 851, 893, 840 P.2d 1142 (1992).

49. Circumstances justifying instruction on lesser included offense of aiding and abetting aggravated robbery examined. State v. Warren, 252 Kan. 169, 172, 843 P.2d 224 (1992).

50. Eyewitness and voice identifications, instructions on lesser included offense and alibi defense examined. State v. Holloman, 17 Kan. App. 2d 279, 280, 837 P.2d 826 (1992).

51. Mentioned in reversing conviction for aggravated robbery; trial court erred in not giving instruction on battery as lesser included offense. State v. Clardy, 252 Kan. 541, 543, 847 P.2d 694 (1993).

52. Admissibility of police opinion testimony as to defendant's guilt, use of gruesome photographs examined. State v. Steadman, 253 Kan. 297, 298, 855 P.2d 919 (1993).

53. Requirement for evaluation pursuant to K.S.A. 75-5220, 75-5262 before considering modifying sentence, restitution order at sentencing examined. State v. Tillman, 18 Kan. App. 2d 556, 858 P.2d 1219 (1993).

54. Whether theft by threat (K.S.A. 21-3701(a)) is a lesser included offense of robbery examined. State v. Blockman, 255 Kan. 953, 955, 960, 963, 881 P.2d 561 (1994).

55. Whether evidence at trial excluded theory of guilt of lesser offense precluding lesser included offense instruction examined. State v. Davis, 256 Kan. 1, 22, 883 P.2d 735 (1994).

56. Whether extortion is a lesser included offense of robbery examined. State v. Rader, 256 Kan. 364, 367, 370, 885 P.2d 1222 (1994).

57. Whether obtaining control over stolen property is a lesser included offense of aggravated robbery examined. State v. Lewis, 256 Kan. 929, 933, 889 P.2d 766 (1995).

58. Bodily harm definitions used in aggravated kidnapping cases appropriate hereunder. State v. Bryant, 22 Kan. App. 2d 732, 734, 922 P.2d 1118 (1996).

59. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 784, 922 P.2d 1123 (1996).

60. Prosecution failure to include element of attempted robbery ruled harmless error. State v. Ford, 23 Kan. App. 2d 248, 255, 930 P.2d 1089 (1996).

61. Evidence sufficient for aggravated robbery conviction where defendant removes items from victim's body after killing victim. State v. Holt, 260 Kan. 33, 41, 917 P.2d 1332 (1996).

62. Aggravated robbery conviction upheld; taking effected by threat even though there also was evidence it effected by shooting. State v. Claiborne, 262 Kan. 416, 424, 940 P.2d 27 (1997).

63. Evidence sufficient to convict defendant of aggravated robbery. State v. Kuykendall, 264 Kan. 647, 652, 957 P.2d 1112 (1998).

64. Evidence sufficient to support aggravated robbery conviction. State v. McKinney, 265 Kan. 104, 112, 961 P.2d 1 (1998).

65. Robbery conviction where defendant used force to gain possession of money supported by sufficient evidence. State v. Bateson, 25 Kan. App. 2d 90, 91, 958 P.2d 44 (1998).

66. Violence committed by defendant in fleeing crime did not convert theft into robbery. State v. Bateson, 266 Kan. 238, 240, 970 P.2d 1000 (1998).

67. Conviction of robbery reduced to theft; no threat of bodily harm or use of force when 18 year old female gave car keys to defendant when he said "Give me your keys." State v. Moore, 26 Kan. App. 2d 89, 90, 978 P.2d 291 (1999).

68. Under facts, taking of rape victim's glasses insufficient to support aggravated robbery conviction. State v. Montgomery, 26 Kan. App. 2d 346, 348, 988 P.2d 258 (1999).

69. Evidence was sufficient to support conviction for robbery. Zimmer v. McKune, 87 F. Supp. 2d 1153, 1157 (2000).

70. Sufficient evidence of threat of bodily harm where defendant demanded car keys to sustain conviction hereunder. State v. Moore, 269 Kan. 27, 4 P.3d 1141 (2000).

71. Conviction of robbery supported by evidence. State v. Collins, 27 Kan. App. 2d 372, 4 P.3d 639 (2000).

72. Robbery conviction affirmed but upward departure sentence set aside based on Apprendi and Gould. State v. Wright, 30 Kan. App. 2d 48, 40 P.3d 304 (2001).

73. Robbery conviction affirmed; thief does not obtain peaceable possession of property where taking is immediately resisted. State v. Randle, 32 Kan. App. 2d 291, 81 P.3d 1254 (2004).

74. Instruction regarding lesser included offense of robbery not warranted because jury could not have reasonably convicted defendant of lesser offense. State v. Simmons, 282 Kan. 728, 742, 148 P.3d 525 (2006).

75. Under the same-elements test, convictions for aggravated burglary under K.S.A. 21-3716 and robbery hereunder are not multiplicitous. State v. Smith, 36 Kan. App. 2d 606, 611, 142 P.3d 739 (2006).

76. Agreement element of a conspiracy charge may be supported by circumstantial evidence. State v. Davis, 284 Kan. 728, 737, 163 P.3d 1224 (2007).

77. Instruction on self-defense not warranted unless defendant used actual physical force; but see dissent. State v. Hendrix, 289 Kan. 859, 218 P.3d 40 (2009).

78. Included in the definition of robbery, the words by force or by threat of bodily harm are different means of compelling the taking of someone else's property. State v. Cato-Perry, 50 Kan. App. 2d 623, 628, 332 P.3d 191 (2014).

79. Robbery and aggravated robbery are general intent, not specific intent, crimes. State v. Edwards, 299 Kan. 1008, 1013, 327 P.3d 469 (2014).

This website has moved to KSRevisor.gov