22-2611. If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties. Death shall be presumed to have occurred in the county where the body of the victim is found.
History: L. 1970, ch. 129, ยง 22-2611; July 1.
Source or Prior Law:
62-410.
CASE ANNOTATIONS
1. Instruction proper; death presumed to have occurred where body found. State v. Johnson, 222 Kan. 465, 475, 565 P.2d 993.
2. Venue proper in either county where cause of death inflicted or county where death ensued. State v. McKibben, 239 Kan. 574, 578, 722 P.2d 518 (1986).
3. Venue proper in either county where cause of death inflicted or county where death ensued. In re J.W.S., 250 Kan. 65, 69, 825 P.2d 125 (1992).
4. Territorial jurisdiction examined in first-degree murder case where bodies of victims never found. State v. Grissom, 251 Kan. 851, 889, 840 P.2d 1142 (1992).
5. Section creates a rebuttable presumption victim died in county where body found. State v. Hunt, 285 Kan. 855, 859, 860, 862, 863, 864, 176 P.3d 183 (2008).