22-2602. Except as otherwise provided by law, the prosecution shall be in the county where the crime was committed.
History: L. 1970, ch. 129, ยง 22-2602; July 1.
Source or Prior Law:
62-401.
Law Review and Bar Journal References:
"Criminal Law: Computer Hackers Must Do More Than Dial Phone Numbers to be Charged with Computer Crime in Kansas [State v. Allen, 917 P.2d 848 (Kan. 1996)]," Angela N. Loehr, 36 W.L.J. 530 (1997).
"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 710 (2003).
CASE ANNOTATIONS
1. Jurisdiction of court could not be questioned on either law or facts of case. State v. Pencek, 224 Kan. 725, 729, 585 P.2d 1052.
2. Cited; alleging venue where trip commenced and instructing on venue for crimes committed in transit is proper procedure. State v. Lovelace, 227 Kan. 348, 351, 607 P.2d 49.
3. Conviction under K.S.A. 21-3701 and 21-3711 upheld; venue proper under K.S.A. 22-2609. State v. Stoops, 4 Kan. App. 2d 130, 131, 603 P.2d 221.
4. Crimes of kidnapping and sodomy committed upon child held independent; venue in counties in which committed. State v. Calderon, 233 Kan. 87, 90, 661 P.2d 781 (1983).
5. Cited; under facts of case, theft commenced in Arkansas and not completed until balance of property was taken in Kansas. State v. Lashley, 233 Kan. 620, 630, 664 P.2d 1358 (1983).
6. Venue for escape charge from Missouri hospital arises where order of temporary leave entered. State v. Jones, 9 Kan. App. 2d 106, 107, 673 P.2d 455 (1984).
7. Where crime charged is receiving stolen property, common-law rule of venue still applies. State v. Alvarez, 9 Kan. App. 2d 371, 374, 375, 678 P.2d 1132 (1984).
8. District court district where defendant resided and security interest impaired (K.S.A. 21-3734) had personal and subject matter jurisdiction. State v. Matzke, 236 Kan. 833, 835, 696 P.2d 396 (1985).
9. Cited; venue for theft (K.S.A. 21-3701) and conspiracy (K.S.A. 21-3302) where requisite acts for commission occurred in separate counties examined. State v. Dickens, 243 Kan. 574, 576, 757 P.2d 321 (1988).
10. Evidence establishing venue where defendant and victim traveled about in vehicle examined. State v. Damewood, 245 Kan. 676, 689, 783 P.2d 1249 (1989).
11. Where party to security agreement executed in Kansas disposes of collateral out-of-state venue proper in county agreement executed. State v. Jurdan, 258 Kan. 848, 850, 893 P.2d 267 (1995).