22-3201. (a) Prosecutions in the district court shall be upon complaint, indictment or information.
(b) The complaint, information or indictment shall be a plain and concise written statement of the essential facts constituting the crime charged, which complaint, information or indictment, drawn in the language of the statute, shall be deemed sufficient. The precise time of the commission of an offense need not be stated in the indictment or information; but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensable ingredient in the offense. An indictment shall be signed by the presiding juror of the grand jury. An information shall be signed by the county attorney, the attorney general or any legally appointed assistant or deputy of either. A complaint shall be signed by some person with knowledge of the facts. Allegations made in one count may be incorporated by reference in another count. The complaint, information or indictment shall state for each count the official or customary citation of the statute, rule and regulation or other provision of law which the defendant is alleged to have violated. Error in the citation or its omission shall be not ground for dismissal of the complaint, information or indictment or for reversal of a conviction if the error or omission did not prejudice the defendant.
(c) When relevant, the complaint, information or indictment shall also allege facts sufficient to constitute a crime or specific crime subcategory in the crime seriousness scale.
(d) The court may strike surplusage from the complaint, information or indictment.
(e) The court may permit a complaint or information to be amended at any time before verdict or finding if no additional or different crime is charged and if substantial rights of the defendant are not prejudiced.
(f) When a complaint, information or indictment charges a crime but fails to specify the particulars of the crime sufficiently to enable the defendant to prepare a defense the court may, on written motion of the defendant, require the prosecuting attorney to furnish the defendant with a bill of particulars. At the trial the state's evidence shall be confined to the particulars of the bill.
(g) Except as otherwise provided, the prosecuting attorney shall endorse the names of all witnesses known to the prosecuting attorney upon the complaint, information and indictment at the time of filing it. Except as otherwise provided, the prosecuting attorney may endorse on it the names of other witnesses that may afterward become known to the prosecuting attorney, at times that the court may by rule or otherwise prescribe. If any witness is to testify and the prosecuting attorney believes the witness who has provided information is in danger of intimidation or retaliation, the prosecuting attorney may delay identifying such informant witness until such informant witness actually testifies but in no event shall identification of a witness be delayed beyond arraignment without further order of the court after hearing and an opportunity of the defendant to be heard.
History: L. 1970, ch. 129, § 22-3201; L. 1974, ch. 152, § 1; L. 1976, ch. 163, § 14; L. 1984, ch. 112, § 22; L. 1992, ch. 239, § 258; L. 1996, ch. 126, § 1; July 1.
Source or Prior Law:
62-801, 62-802, 62-803, 62-808, 62-930, 62-931, 62-1003, 62-1004, 62-1005, 62-1006, 62-1011.
Cross References to Related Sections:
Requirements for lawful complaint for prosecution under uniform act regulating traffic on highways, see 8-2108.
Law Review and Bar Journal References:
"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 693 (1972).
Kansas theft law, Paul E. Wilson, 20 K.L.R. 385, 400 (1972).
Subsection (6) cited in discussion of discovery in criminal prosecutions, "Proposed Amendments to the Federal Rules of Criminal Procedure," Sara Miller, 14 W.L.J. 76, 98 (1975).
Subsection (4) mentioned in survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 351 (1976).
Subsection (6) cited in connection with prosecutor's duty to disclose rebuttal witnesses under K.S.A. 22-3218 (2), 17 W.L.J. 432, 437 (1978).
"The Admissibility of Child Victim Hearsay in Kansas: A Defense Perspective," Christopher B. McNeil, 23 W.L.J. 265, 269 (1984).
"Review of the Proposed Kansas Sentencing Guidelines," Geary N. Gorup, XIV J.K.T.L.A. No. 5, 15 (1991).
"Apprendi v. New Jersey: Protecting the Constitutional Rights of Criminals in Sentencing," Stephanie B. Stewart, 49 K.L.R. 1193 (2001).
"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).
Criminal Procedure Survey, 55 K.L.R. 797 (2007).
Criminal Procedure Survey, 56 K.L.R. 787, 789, 794 (2008).
CASE ANNOTATIONS
1. Endorsing additional names on information during trial within sound discretion of trial court; test is prejudice. State v. Blocker, 211 Kan. 185, 188, 505 P.2d 1099.
2. Applied; amendment to information after jury retired for deliberations permitted. State v. Hill, 211 Kan. 239, 242, 505 P.2d 704.
3. Proceeding to trial on information waived right to require state to amend information or file bill of particulars. State v. Cory, 211 Kan. 528, 533, 506 P.2d 1115.
4. Abuse of discretion where trial court refused to allow prosecutor to amend information, absent compelling reason to protect defendant. State v. Pruett, 213 Kan. 41, 46, 515 P.2d 1051.
5. Subsection (5) cited; state need not prove each and every item in bill of particulars. State v. Frames, 213 Kan. 113, 116, 117, 515 P.2d 751.
6. Subsection (6) cited; error to permit use by state of surprise witness without granting reasonable continuance. State v. Stafford, 213 Kan. 152, 164, 515 P.2d 769. Opinion modified and rehearing denied: 213 Kan. 585, 518 P.2d 136.
7. Subsection (5) cited; no prejudicial error in failure to specify ulterior felony in burglary charge where made clear through preliminary hearing and other charges. State v. Lora, 213 Kan. 184, 189, 515 P.2d 1086.
8. Applied; complaint charging unlawful possession of marijuana cited wrong statute; party fully apprised of charge. State v. Salters, 214 Kan. 860, 522 P.2d 436.
9. Motion to make bill of particulars more definite and certain not sustained. State v. Craven, 215 Kan. 546, 549, 527 P.2d 1003.
10. Granting permission to endorse additional witness during trial upheld; discretionary. State v. Price, 215 Kan. 718, 722, 529 P.2d 85.
11. Applied; no prejudice resulted from error in citation of statute. State v. Collins, 215 Kan. 789, 791, 528 P.2d 1221.
12. Subsection (4) applied; amendment of information did not prejudice defendant's rights. State v. Lamb, 215 Kan. 795, 798, 530 P.2d 20.
13. Section applied; conviction of aggravated kidnapping upheld. State v. Barry, 216 Kan. 609, 619, 533 P.2d 1308.
14. Amendment of original information allowed after new trial ordered; conviction of possession of narcotic drug affirmed. State v. Osburn, 216 Kan. 638, 640, 533 P.2d 1229.
15. No abuse of discretion shown in allowing endorsement of additional witnesses during trial. State v. Williams & Reynolds, 217 Kan. 400, 401, 536 P.2d 1395.
16. No abuse of discretion in allowing endorsement of additional witnesses by state two days before trial. State v. Rogers, 217 Kan. 462, 465, 537 P.2d 222.
17. Paragraph (2) applied; time not indispensable ingredient of offense charged; instructions correct. State v. Sisson, 217 Kan. 475, 478, 479, 536 P.2d 1369.
18. Defendant properly charged in compliance with section; conviction under K.S.A. 65-4127a upheld. State v. Brooks, 217 Kan. 485, 488, 536 P.2d 1365.
19. No abuse of discretion by court in allowing state to endorse witnesses on the morning of trial. State v. Taylor, 217 Kan. 706, 712, 538 P.2d 1375.
20. Applied in determining conspiracy statute (K.S.A. 21-3302) constitutionally valid; indictment stated offense; not impermissibly vague. State v. Campbell, 217 Kan. 756, 771, 539 P.2d 329.
21. Endorsement of additional witness on information during trial; no abuse of discretion. State v. Motor, 220 Kan. 99, 100, 102, 551 P.2d 783.
22. Amendment of information after close of evidence allowed; not error. State v. Rives, 220 Kan. 141, 144, 551 P.2d 788.
23. Applied; no abuse of discretion in denying motion to dismiss for failure to supply bill of particulars before trial. State v. Coburn, 220 Kan. 743, 745, 556 P.2d 376.
24. Exact statutory language not required in information if meaning clear. State v. Lucas, 221 Kan. 88, 89, 90, 557 P.2d 1296.
25. No error in permitting amendment of information during course of trial. State v. Ferguson, 221 Kan. 103, 105, 558 P.2d 1092.
26. Applied; no convictions under K.S.A. 21-3414 and 21-4201; trial errors justifying granting of new trial. State v. Wright, 221 Kan. 132, 140, 557 P.2d 1267.
27. Late endorsement of additional witnesses prior to and during trial upheld; no abuse of discretion. State v. Wilson & Wentworth, 221 Kan. 359, 364, 559 P.2d 374.
28. Endorsement of additional witness, who was an accomplice, after trial had commenced allowed. State v. Rueckert, 221 Kan. 727, 729, 561 P.2d 850.
29. Alleged error in amending complaint and using the disjunctive in complaint rejected. State v. Woods, 222 Kan. 179, 182, 183, 563 P.2d 1061.
30. Defendant waived rights under section; proceeded to trial on the information. State v. White, 1 Kan. App. 2d 452, 457, 571 P.2d 6.
31. Applied; rape conviction reversed; failure to instruct on lesser offense. State v. Arnold, 1 Kan. App. 2d 642, 645, 573 P.2d 1087.
32. Discussed in holding K.S.A. 22-3218 unconstitutional as violative of due process. Talley v. State, 222 Kan. 289, 291, 292, 293, 564 P.2d 504.
33. Applied; amendment of information prejudiced substantial rights of defendant; new trial ordered. State v. Johnson, 223 Kan. 185, 190, 573 P.2d 976.
34. Bill of particulars in rape prosecution alleged force only; evidence of force and fear properly admitted. State v. Corn, 223 Kan. 583, 588, 575 P.2d 1308.
35. Amendments to complaint proper; defendant's rights not prejudiced. State v. Bell, 224 Kan. 105, 577 P.2d 1186.
36. Applied in upholding convictions of forgery and other crimes. State v. Howard, 224 Kan. 208, 210, 211, 579 P.2d 702.
37. No contemporaneous objection to testimony of unendorsed witness; admission allowed; no abuse of discretion. State v. Cook, 225 Kan. 259, 262, 589 P.2d 616.
38. Information amended after preliminary hearing; no prejudice in failure to receive second preliminary hearing since right thereto is statutory and not constitutionally mandated. State v. Smith, 225 Kan. 796, 798, 594 P.2d 218.
39. Defendant not prejudiced by failure of complaints to state time of offense or by incorrectly stating the time. State v. Miesbauer, 3 Kan. App. 2d 53, 55, 588 P.2d 953.
40. Section mentioned in general discussion of commencement of prosecutions and right to speedy trial. State v. Taylor, 3 Kan. App. 2d 316, 318, 594 P.2d 262.
41. Information charging aggravated robbery was defective; convictions on aggravated robbery were reversed. State v. Howell & Taylor, 226 Kan. 511, 512, 601 P.2d 1141.
42. No abuse of discretion in allowing late endorsement of state's witnesses where case had been tried before. State v. McCowan, 226 Kan. 752, 766, 602 P.2d 1363.
43. Defendant not unfairly prejudiced by addition of witness during trial. State v. Prince, 227 Kan. 137, 145, 605 P.2d 563.
44. Trial court did not abuse discretion in permitting late endorsement of witness. State v. Bryant, 227 Kan. 385, 387, 607 P.2d 66.
45. Amendment of information to include charge of felony murder upheld. State v. Foy, 227 Kan. 405, 408, 607 P.2d 481.
46. Cited in holding no prejudice in wording of information. State v. Thompson, 3 Kan. App. 2d 426, 429, 596 P.2d 174.
47. Paragraph (4) applied; no error in allowing amendment of complaint at trial. State v. Wright, 4 Kan. App. 2d 196, 198, 603 P.2d 1034.
48. No abuse of discretion in trial court allowing endorsement of additional witness by state absent showing of surprise or prejudice. State v. Hayden, 4 Kan. App. 2d 335, 337, 606 P.2d 115.
49. Cited; residence of prosecution witness must be disclosed if necessary to insure accused right of confrontation and cross-examination. State v. Burgoon, 4 Kan. App. 2d 485, 487, 609 P.2d 194.
50. No statutory provision for amendment of an indictment; facts in case did not require new indictment or information to be issued. State v. Carpenter, 228 Kan. 115, 118, 612 P.2d 163.
51. Absent abuse of discretion, endorsement of additional witnesses is matter of judicial discretion. State v. Costa, 228 Kan. 308, 315, 316, 613 P.2d 1359.
52. Trial court may permit amendment of complaint before verdict or finding if no additional crime charged and substantial rights of defendant not prejudiced. State v. Saylor, 228 Kan. 498, 504, 618 P.2d 1166.
53. Trial court did not abuse discretion in allowing late endorsement of witnesses, one of whom was accomplice who turned state's evidence. State v. Ferguson, Washington & Tucker, 228 Kan. 522, 526, 618 P.2d 1186.
54. Not error in indecent liberties case to amend information at close of evidence by adding words "lewd touching." State v. Gilley, 5 Kan. App. 2d 321, 323, 615 P.2d 827.
55. Conviction of sale of cocaine upheld; no reversible error by trial court in excluding defense witnesses from testifying. State v. Bright, 229 Kan. 185, 191, 623 P.2d 917.
56. Where allegations in information fail to constitute offense in language of statute, information fatally defective; convictions of aiding and abetting aggravated sodomy void. State v. Robinson, Lloyd & Clark, 229 Kan. 301, 304, 624 P.2d 964.
57. Conviction of aggravated robbery affirmed; no need for new preliminary hearing on amended information when amendments found not substantive. State v. Johnson & Underwood, 230 Kan. 309, 634 P.2d 1095 (1981).
58. No error in allowing amendment of complaint if defendant's rights not prejudiced. State v. Lilley, 231 Kan. 694, 695, 647 P.2d 1323 (1982).
59. Late endorsement of state's witnesses discretionary with trial court; prejudice must be shown to reverse. State v. Thompson, 232 Kan. 364, 367, 654 P.2d 453 (1982).
60. Trial court did not err in instructing on aiding and abetting which is not a separate offense. State v. Lashley, 233 Kan. 620, 628, 664 P.2d 1358 (1983).
61. No abuse of discretion where rights of defendant not unfairly prejudiced by endorsement of additional witnesses. State v. Kendig, 233 Kan. 890, 891, 666 P.2d 684 (1983).
62. Conviction upon charge not made in information or properly before court denial of due process. State v. Chatmon, 234 Kan. 197, 204, 205, 671 P.2d 531 (1983).
63. Late endorsement of witness, where defense counsel interviewed before testimony, not prejudicial. State v. Royal, 234 Kan. 218, 221, 670 P.2d 1337 (1983).
64. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 948, 678 P.2d 146 (1984).
65. Abbreviated notice and complaint under K.S.A. 8-2106 insufficient to charge violation of K.S.A. 21-3808. State v. Shofler, 9 Kan. App. 2d 696, 697, 687 P.2d 29 (1984).
66. Cited in holding attorney hired under K.S.A. 19-717 not special prosecutor under K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 694 P.2d 427 (1985).
67. Language of informations on attempted theft and felony murder questioned; cases applying statute discussed. State v. Garner, 237 Kan. 227, 236, 699 P.2d 468 (1985).
68. Prior theft convictions (K.S.A. 21-3701) not element of felony theft; no abuse for late endorsement of court clerk at sentencing. State v. Hanks, 10 Kan. App. 2d 666, 671, 672, 708 P.2d 991 (1985).
69. Information in language of statute sufficient; defendant must request bill of particulars to have "manner or means" specified. State v. Bird, 238 Kan. 160, 167, 708 P.2d 946 (1985).
70. No abuse of discretion in refusing bill where record makes it abundantly clear defendant not misled. State v. Kee, 238 Kan. 342, 354, 711 P.2d 746 (1985).
71. Cited; amendment of information expending time crime (indecent liberties, K.S.A. 21-3504) allegedly occurred not prejudicial denial of alibi. State v. Armstrong, 238 Kan. 559, 560, 562, 712 P.2d 1258 (1986).
72. No error in amending complaint where date of offense not material to any defense and no prejudice shown. State v. Van Cleave, 239 Kan. 117, 716 P.2d 580 (1986).
73. No jurisdiction over additional continuing offenses added by amendment on last day of zoning trial. State v. Scherer, 11 Kan. App. 2d 362, 369, 370, 721 P.2d 743 (1986).
74. Failure to file amended information in writing not reversible error where oral amendment made on record. State v. Dodd, 11 Kan. App. 2d 513, 515, 728 P.2d 402 (1986).
75. Cited; failure of information to allege essential elements of crime examined. State v. Jackson, 239 Kan. 463, 466, 721 P.2d 232 (1986).
76. Cited; amending first degree murder charge to include felony murder, including "by force" in aggravated robbery charge examined. State v. Barncord, 240 Kan. 35, 726 P.2d 1322 (1986).
77. Information not charging any offense cannot be amended over defense objection to first charge offense during trial. State v. Wilson, 240 Kan. 606, 608, 731 P.2d 306 (1987).
78. Cited; aggravated failure to appear charge (K.S.A. 21-3814) examined; outcome of underlying charge not determinative. State v. DeAtley, 11 Kan. App. 2d 605, 607, 611, 731 P.2d 318 (1987).
79. Exact statutory language not required on information if meaning clear; aggravated vehicular homicide information contained essential elements. State v. Woodman, 12 Kan. App. 2d 110, 115, 116, 735 P.2d 1102 (1987).
80. Error in citation not grounds for dismissal or reversal of conviction if defendant not prejudiced. State v. McQueen, 12 Kan. App. 2d147, 736 P.2d 947 (1987).
81. Cited; allowable amendment of information in aggravated vehicular homicide case examined. State v. Goodnow, 12 Kan. App. 2d 294, 297, 740 P.2d 113 (1987).
82. Late endorsement discretionary; endorsement of rebuttal witnesses not required; failure to object constitutes waiver. State v. Hunter, 241 Kan. 629, 638, 740 P.2d 559 (1987).
83. Cited; theft (K.S.A. 21-3701) as independent from welfare fraud (K.S.A. 39-720), sufficiency of charge examined. State v. Micheaux, 242 Kan. 192, 196, 747 P.2d 784 (1987).
84. Cited; sufficiency of written form of indictment, information, or complaint examined. State v. Vakas, 242 Kan. 103, 107, 744 P.2d 812 (1987).
85. Cited; sufficiency of complaint based on theory of defendant's individual responsibility for corporate crime examined. State v. Jones, 242 Kan. 385, 395, 748 P.2d 839 (1988).
86. Cited; amendment of complaint or information before verdict or finding examined. State v. Rasch, 243 Kan. 495, 499, 758 P.2d 214 (1988).
87. Cited; effect of late endorsement of witness with inculpatory evidence on prosecutorial comment regarding defendant's failure to testify examined. State v. Beebe, 244 Kan. 48, 766 P.2d 158 (1988).
88. Cited; essential element of crime was implied by common-sense construction of facts stated in information. State v. Wade, 244 Kan. 136, 141, 766 P.2d 811 (1989).
89. Trial court's allowing amendments to information at close of state's case examined. State v. Nunn, 244 Kan. 207, 222, 768 P.2d 268 (1989).
90. Endorsement of witness for the state after trial began examined. State v. Hartfield, 245 Kan. 431, 440, 781 P.2d 1050 (1989).
91. Sufficiency of information, specificity of items taken in aggravated robbery vs. related theft examined. State v. Spears, 246 Kan. 283, 285, 788 P.2d 261 (1990).
92. Information defect challenges first raised on appeal shall be reviewed by applying reasoning and common sense rule in material cited. State v. Hall, 246 Kan. 728, 765, 793 P.2d 737 (1990).
93. Information charging anal sex as sufficient in aggravated sodomy charge (K.S.A. 21-3506) determined. State v. Wilson, 247 Kan. 87, 795 P.2d 336 (1990).
94. When complaint or information allowed to be amended examined. State v. Graham, 247 Kan. 388, 394, 799 P.2d 1003 (1990).
95. Information need not follow exact statutory language so long as offense charged in equivalent words. State v. Crawford, 248 Kan. 42, 44, 46, 804 P.2d 1385 (1991).
96. State's dismissal of action based on necessity and refiling same as not an avoidance of speedy trial limitations (K.S.A. 22-3402) examined. State v. Jamison, 248 Kan. 302, 306, 806 P.2d 972 (1991).
97. Bill of particulars supplied any "specificity" lacking to information drafted in language of statute; amended information examined. State v. Ribadeneira, 15 Kan. App. 2d 734, 750, 756, 817 P.2d 1105 (1991).
98. Error in statutory citation in complaint not reversible error absent showing of prejudice. State v. Perry, 16 Kan. App. 2d 150, 154, 823 P.2d 804 (1991).
99. State has discretion to amend complaint if defendant's substantial rights are not prejudiced. State v. Woods, 250 Kan. 109, 111, 112, 113, 114, 115, 118, 825 P.2d 514 (1992).
100. No abuse of discretion in late endorsement of witness as defendant's rights were not prejudiced. State v. Green, 252 Kan. 548, 553, 847 P.2d 1208 (1993).
101. A charging document is sufficient if it substantially follows the language of the criminal statute. State v. Reed, 254 Kan. 52, 57, 865 P.2d 191 (1993).
102. Whether witnesses endorsed in one of two cases consolidated for trial can testify in both cases examined. State v. Timley, 255 Kan. 286, 304, 875 P.2d 242 (1994).
103. Whether court erred in dismissing complaint against defendant for improper verification of warrant examined. State v. Green, 257 Kan. 444, 448,901 P.2d 1350 (1995).
104. Untimely endorsement of witness not so prejudicial as to constitute reversible error. State v. Allen, 21 Kan. App. 2d 811, 815, 908 P.2d 1324 (1995).
105. Indictment drawn in language of statute sufficient where defendant has not requested bill of particulars. State v. Wright, 259 Kan. 117, 121, 911 P.2d 166 (1996).
106. Amendment to felony-murder complaint to charge alternative theory of premeditated murder at close of state's case permissible. State v. Starr, 259 Kan. 713, 718, 720, 915 P.2d 72 (1996).
107. Traffic DUI citation need not allege facts constituting a crime as required by complaint. State v. Boyle, 21 Kan. App. 2d 944, 913 P.2d 617 (1996).
108. No error in trial court's failure to require prosecution to file more definite bill of particulars. State v. Webber, 260 Kan. 263, 283, 918 P.2d 609 (1996).
109. 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, 370, 921 P.2d 790 (1996).
110. Prosecution must specifically allege severity level of offense being charged in DUI (K.S.A. 8-1567) case. State v. Masterson, 261 Kan. 158, 161, 929 P.2d 127 (1996).
111. In pari materia with K.S.A. 38-1622; amended juvenile offender complaint not fatally defective. In re J.T.M., 22 Kan. App. 2d 673, 676, 922 P.2d 1103 (1996).
112. Substantial rights not prejudiced by refusal to instruct on lesser included offense conforming with amended complaint. State v. Orr, 262 Kan. 312, 336, 940 P.2d 42 (1997).
113. Effect of consolidating complaints and meaning of prior convictions for sentencing guideline criminal history purposes examined. State v. Taylor, 262 Kan. 471, 478, 939 P.2d 904 (1997).
114. Court erred by reinstating charge after dismissed at preliminary examination and motion to amend information to include charge was denied. State v. Thompkins, 263 Kan. 602, 607, 611, 615, 952 P.2d 1338 (1998).
115. Defendant convicted of DUI may be sentenced for class B misdemeanor where complaint fails to specify crime severity level. State v. Larson, 265 Kan. 160, 162, 958 P.2d 1154 (1998).
116. No abuse of court's discretion in allowing late endorsement of witness by prosecution. State v. Valdez, 266 Kan. 774, 783, 977 P.2d 242 (1999).
117. No error in permitting amendment of criminal complaint by interlineation several days before trial; "intentionally" substituted for "maliciously" in first-degree murder complaint. State v. Williams, 268 Kan. 1, 14, 988 P.2d 722 (1999).
118. Trial court did not err in allowing complaint to be amended to conform to evidence. State v. Little, 26 Kan. App. 2d 713, 721, 994 P.2d 645 (1999).
119. Exact words of statute need not be pleaded in indictment, information or complaint; plain and concise written statement of essential facts is sufficient. State v. Rome, 269 Kan. 47, 5 P.3d 515 (2000).
120. Counts dismissed to take an appeal on another count must be refiled for valid prosecution of such counts. State v. Williams, 27 Kan. App. 2d 69, 998 P.2d 121 (2000).
121. Assistant district attorney has absolute immunity in filing criminal information against defendant but in making affidavit for issuance of arrest warrant may not enjoy qualified immunity. McCormick v. Board of Shawnee County Comm'rs., 28 Kan. App. 2d 744, 24 P.3d 739 (2001).
122. Criminal information is sufficient, even if essential averment is faulty in form, if a fair construction of offense may be found within document. Ferguson v. State, 276 Kan. 428, 78 P.3d 40 (2003).
123. Amendment of complaint to charge new crime four months before trial does not prejudice defendant's substantial rights. Swenson v. State, 35 Kan. App. 2d 709, 716, 135 P.3d 157 (2006).
124. Section allows a complaint amendment only when defendant's substantial rights not prejudiced. State v. Wade, 284 Kan. 527, 536, 161 P.3d 704 (2007).
125. Court may permit complaint to be amended if no additional or different crime is charged, when. State v. Spangler, 38 Kan. App. 2d 817, 819, 823, 825, 828, 173 P.3d 656 (2008).
126. Appellate court upholds trial court's decision to permit state to amend its information after both sides rested. State v. Ransom, 288 Kan. 697, 207 P.3d 208 (2009).
127. K.S.A. 22-3201 requires the state to set forth essential facts of the crime. State v. Tapia, 42 Kan. App. 2d 615, 214 P.3d 1211 (2009).
128. State not required to allege the aggravating factors used as a basis to impose a hard 50 life sentence in the complaint. State v. Ellmaker, 289 Kan. 1132, 221 P.3d 1105 (2009).
129. No prejudice shown by defendant, defective complaint does not demand reversal of DUI conviction. City of Arkansas City v. Sybrant, 44 Kan. App. 2d 891, 241 P.3d 581 (2010).
130. No prejudice for the defendant shown by the amendment of information. State v. Holman, 295 Kan. 116, 284 P.3d 251 (2012).
131. There is no need for a bill of particulars when charges are clarified by facts brought out at the preliminary hearing. State v. Rojas-Marceleno, 295 Kan. 525, 285 P.3d 361 (2012).
132. State's failure to comport with the duty to memorialize an oral amendment of information does not deprive a district court of subject-matter jurisdiction over the defendant, though such a failure may nonetheless constitute reversible error. State v. Dupree, 304 Kan. 377, 386-388, 373 P.3d 811 (2016).
133. If the factual allegations in a charging document, proven beyond a reasonable doubt, would justify a verdict of guilty, then the charging document is statutorily sufficient. State v. Dunn, 304 Kan. 773, 811-12, 375 P.3d 332 (2016).
134. Charging document was sufficient to charge violation of Kansas offender registration act despite failing to allege county of residence because offender stipulated a duty to register in that county. State v. Sayler, 306 Kan. 1279, 1284, 404 P.3d 333 (2017).
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