Source or prior law:

21-407, 21-410, 21-411, 21-412, 21-413, 21-414, 21-415, 21-418, 21-419, 21-420.

Law Review and Bar Journal References:

“Survey of Kansas Law: Criminal Procedure,” Keith G. Meyer, 27 K.L.R. 391, 439 (1979).

“Criminal Law: The Kansas Approach to the Battered Woman’s Use of Self-Defense [State v. Hundley, 236 Kan. 461, 693 P.2d 475 (1985)],” Shelley A. Ryan, 25 W.L.J. 174, 176, 178 (1985).

“Corporate Criminal Liability for Injuries and Death,” Patrick Hamilton, 40 K.L.R. 1091, 1105, 1106 (1992).

“Solidifying the Use of Juvenile Proceedings as Sentence Enhancement and Clarifying Second-Degree Murder,” Kay Redeker, 37 W.L.J. 483 (1998).

“Criminalizing the Intentional or Reckless Exposure to HIV: A Wake-Up Call to Kansas,” Amy M. Decker, 46 K.L.R. 305 (1998).

CASE ANNOTATIONS

1. Conviction hereunder; no error in admission of evidence, submission of case or in instructions. State v. Betts, 214 K. 271, 274, 519 P.2d 655.

2. Conviction of second degree murder; contention of entitlement to instruction hereunder not upheld. State v. Wilson, 215 K. 437, 439, 524 P.2d 224.

3. Failure to instruct on involuntary manslaughter in prosecution for murder error. State v. Childers, 217 K. 410, 415, 416, 536 P.2d 1349.

4. Failure to give instruction hereunder in prosecution under 21-3402 error. State v. Clark, 218 K. 18, 21, 542 P.2d 291.

5. Applied; prosecution for second degree murder; instruction on manslaughter proper; erroneous instruction given. State v. Gregory, 218 K. 180, 182, 183, 542 P.2d 1051.

6. Failure to instruct hereunder in prosecution for second degree murder reversible error. State v. Seelke, 221 K. 672, 675, 561 P.2d 869.

7. Conviction of second degree murder; court did not err in refusing to instruct hereunder. State v. Burrow & Dohlmar, 221 K. 745, 749, 561 P.2d 864.

8. Court did not err in failing to instruct hereunder in prosecution for first degree murder; rule stated. State v. Franklin, 221 K. 739, 743, 561 P.2d 860.

9. Conviction hereunder; evidence sufficient to support inference of guilt. State v. Humbolt, 1 K.A.2d 137, 562 P.2d 123.

10. Instruction hereunder and under 21-3402; conviction of second degree murder affirmed. State v. Coop, 223 K. 302, 310, 573 P.2d 1017.

11. Prosecution for murder; evidence did not require instructions on lesser offenses of manslaughter; conviction of second degree murder affirmed. State v. Cates, 223 K. 724, 728, 576 P.2d 657.

12. Section construed with 21-3405; death caused by wanton conduct; 21-3405 controlled. State v. Makin, 223 K. 743, 744, 747, 748, 576 P.2d 666.

13. Mentioned; vehicular homicide held to be lesser included offense of this section. State v. Choens, 224 K. 402, 580 P.2d 1298.

14. Prosecution for second degree murder; instructions on involuntary manslaughter insufficient; conviction reversed. State v. Farley, 225 K. 127, 134, 587 P.2d 337.

15. Conviction hereunder reversed; erroneous admission of evidence obtained from warrantless search. State v. Hanes, 3 K.A.2d 125, 590 P.2d 597.

16. Conviction hereunder affirmed; instruction for lesser included offense not inaccurate or misleading. State v. Satterfield, 3 K.A.2d 212, 213, 592 P.2d 135.

17. Physician-patient privilege not applicable in felony cases; court properly admitted blood alcohol test; conviction affirmed. State v. Parson, 226 K. 491, 492, 601 P.2d 680.

18. Conviction of involuntary manslaughter affirmed. State v. Knoxsah, 229 K. 36, 622 P.2d 140.

19. Where defendant pushed plunger on needle in deceased’s arm and pulled gun trigger ultimately resulting in death, defendant properly convicted of first degree murder. State v. Cobb, 229 K. 522, 525, 625 P.2d 1133.

20. Failure to instruct on excessive use of force in self-defense held erroneous. State v. Warren, 5 K.A.2d 754, 757, 624 P.2d 476.

21. Information alleging reckless driving sufficiently states crime; “reckless” means “wanton.” Henderson v. Schenk, 6 K.A.2d 562, 564, 631 P.2d 246 (1981).

22. Discussed; elements of involuntary manslaughter cited. State v. Williams, 6 K.A.2d 833, 837, 635 P.2d 1274 (1981).

23. No error in refusing to instruct on a lesser included offense when not supported by evidence. State v. Staab, 230 K. 329, 339, 635 P.2d 257 (1981).

24. Where evidence in murder trial not sufficient to support charge hereunder, no instruction on involuntary manslaughter necessary. State v. Crispin, 234 K. 104, 109, 110, 671 P.2d 502 (1983).

25. State cannot appeal dismissal of some counts of multiple count complaint, information or indictment while other counts still pending. State v. Freeman, 234 K. 278, 279, 670 P.2d 1365 (1983).

26. Scope of review under 21-4618 limited to competent evidence of using firearm in crime; intentional use need not be shown. State v. Robinson, 10 K.A.2d 135, 136, 694 P.2d 482 (1985).

27. Trial court erred in self-defense instruction by using PIK term “immediate” rather than statutory “imminent.” State v. Hundley, 236 K. 461, 464, 469, 693 P.2d 475 (1985).

28. While manslaughter lesser included offense of first-degree murder, child abuse does not merge into felony murder charge. State v. Brown, 236 K. 800, 801, 803, 696 P.2d 954 (1985).

29. Evidence of wantonness presented at preliminary hearing (22-2902); wantonness question of fact for jury; failure to bind over error. State v. Burrell, 237 K. 303, 306, 308, 699 P.2d 499 (1985).

30. Noted; vehicular homicide (21-3405), DUI (8-1567) convictions; audio/visual recording of proceedings, MADD and SADD buttons in courtroom, restitution sentence discussed. State v. McNaught, 238 K. 567, 713 P.2d 457 (1986).

31. Cited; information omitting one or more essential elements of crime charged examined. State v. Wilson, 240 K. 606, 607, 731 P.2d 306 (1987).

32. Aggravated vehicular homicide (21-3405a) as concurrent and controlling involuntary manslaughter examined. State v. Goodnow, 12 K.A.2d 294, 740 P.2d 113 (1987).

33. DUI (8-1567) as lesser included offense, wantonness, abuse in sentencing examined. State v. Adams, 242 K. 20, 26, 27, 744 P.2d 833 (1987).

34. Cited; when court has affirmative duty to instruct on lesser included offense (21-3107) examined. State v. Hill, 242 K. 68, 73, 744 P.2d 1228 (1987).

35. Cited; when court has affirmative duty to instruct on lesser included offenses (21-3107) examined. State v. Cummings, 242 K. 84, 91, 744 P.2d 858 (1987).

36. Instruction on elements of involuntary manslaughter failure to instruct on no duty to retreat from attack examined. State v. Scobee, 242 K. 421, 748 P.2d 862 (1988).

37. Cited; viable fetus as not a “human being” within meaning of aggravated vehicular homicide statute (21-3405a) determined. State v. Trudell, 243 K. 29, 32, 755 P.2d 511 (1988).

38. Use of force to protect one’s dwelling (21-3212) or property (21-3213) as not violating suspect’s Fourth Amendment rights examined. State v. Clothier, 243 K. 81, 83, 753 P.2d 1267 (1988).

39. Cited; at second-degree murder (21-3402) trial, instructions on voluntary manslaughter (21-3403) and self-defense (21-3211), but not involuntary manslaughter examined. State v. Griblin, 12 K.A.2d 677, 753 P.2d 843 (1988).

40. Cited; two-pronged test to determine whether lesser crime is lesser included offense (21-3107(2)(d)) examined. State v. Fike, 243 K. 365, 368, 757 P.2d 724 (1988).

41. Gruesome photographs; rebuttal evidence; inapplicability of felony murder doctrine with child abuse resulting in death examined. State v. Prouse, 244 K. 292, 294, 767 P.2d 1308 (1989).

42. Prosecution as adult, doctrine of self-defense, instruction on lesser included offense, controlling sentence examined. State v. Meyers, 245 K. 471, 781 P.2d 700 (1989).

43. When instruction necessary on involuntary manslaughter as lesser included offense of first degree murder examined. State v. Burnison, 247 K. 19, 23, 795 P.2d 32 (1990).

44. Evidence needed to justify instruction on voluntary manslaughter in murder trial examined. State v. Hamons, 248 K. 51, 63, 805 P.2d 6 (1991).

45. Felony-murder as not supported by underlying felony of aggravated assault examined. State v. Leonard, 248 K. 427, 428, 807 P.2d 81 (1991).

46. Evidence required for instruction on involuntary manslaughter as lesser offense of attempted first-degree murder examined. State v. Dixon, 248 K. 776, 785, 811 P.2d 1153 (1991).

47. Cited in reviewing duty of trial court to instruct on lesser included offenses. State v. Wilburn, 249 K. 678, 687, 822 P.2d 609 (1991).

48. Where defendant not entitled to self-defense instruction, no instruction required on involuntary manslaughter based on self-defense. State v. Tyler, 251 K. 616, 627, 840 P.2d 413 (1992).

49. Exclusion of testimony of defendant’s expert witness resulting in absence of instruction on lesser included offense held error. State v. Humphrey, 252 K. 6, 22, 845 P.2d 592 (1992).

50. What circumstances justify refusal to instruct on lesser included offenses of premeditated murder examined. State v. Deavers, 252 K. 149, 154, 843 P.2d 695 (1992).

51. Mandatory prison sentence required by 21-4618 not set aside unless it is obviously unfair and shocks the court’s conscience. State v. Cramer, 17 K.A.2d 623, 635, 841 P.2d 1111 (1992).

52. Involuntary manslaughter lesser included offense of second-degree murder; evidence supported that the murder was committed during course of felony. State v. Tran, 252 K. 494, 507, 847 P.2d 680 (1993).

53. Involuntary manslaughter instruction not required because defendant was aggressor. Rational factfinder could not have found that defendant performed lawful act in unlawful manner. State v. Rutter, 252 K. 739, 752, 850 P.2d 899 (1993).

54. Refusal of court to instruct on vehicular homicide as lesser included offense of second-degree murder examined. State v. Stone, 253 K. 105, 112, 853 P.2d 662 (1993).

55. Cited in holding court lacked jurisdiction to convict father of rape of 15 year-old daughter where father also convicted of aggravated kidnapping. Carmichael v. State, 18 K.A.2d 435, 442, 856 P.2d 934 (1993).

56. Crime of attempted involuntary manslaughter not recognized in Kansas. State v. Shannon, 258 K. 425, 427, 905 P.2d 649 (1995).

57. No error in trial court’s refusal to instruct on involuntary manslaughter as a lesser included offense of second-degree murder. State v. Cheeks, 258 K. 581, 589, 591, 908 P.2d 175 (1995).

58. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 K.A.2d 779, 783, 922 P.2d 1123 (1996).

59. Refusal of trial court to instruct jury on involuntary manslaughter in second-degree murder case upheld. State v. Pope, 23 K.A.2d 69, 77, 927 P.2d 503 (1996).

60. Depraved heart second-degree murder (21-3402(b)) adequately distinguishable from reckless involuntary manslaughter (21-3404) by requiring a higher degree of recklessness; therefor not void for vagueness. State v. Robinson, 261 K. 865, 870, 881, 934 P.2d 38 (1997).

61. Trial court’s failure to give lesser included offense jury instruction for involuntary manslaughter upheld. State v. Mitchell, 23 K.A.2d 413, 416, 932 P.2d 1012 (1997).

62. Insufficient evidence that killing unintentional or reckless; involuntary manslaughter instruction not required. State v. Jackson, 262 K. 119, 124, 936 P.2d 761 (1997).

63. Merger doctrine not applicable to involuntary manslaughter under (b); battery is misdemeanor enacted for protection of human life or safety. State v. Ullard, 24 K.A.2d 249, 943 P.2d 947 (1997).

64. Sentence vacated where defendant sentenced for offense committed before effective date of amendments to section’s penalty provisions. State v. Wright, 24 K.A.2d 558, 566, 948 P.2d 667 (1997).

65. Municipal convictions may be used under special criminal history provision of 21-4711(c). State v. Briggs, 24 K.A.2d 621, 623, 629, 950 P.2d 273 (1997).

66. Contributory negligence is not a defense to vehicular homicide but a circumstance to be considered. State v. Chastain, 265 K. 16, 24, 960 P.2d 756 (1998).

67. Claim of prosecutorial misconduct not sustained. State v. Kraus, 271 K. 810, 26 P.3d 636 (2001).

68. Defendant, an epileptic with record of seven previous motor vehicle accidents, had realization of imminence of danger caused by his driving; this realization plus his driving sufficient to support reckless conduct. State v. Jenkins, 272 K. 1366, 39 P.3d 47 (2002).

69. Completed homicide has no nonhomicidal lesser included offenses. State v. Maxfield, 30 K.A.2d 873, 54 P.3d 500 (2002).

70. Court sentencing defendant for involuntary manslaughter not required to certify him as a violent offender. State v. Lazos, 32 K.A.2d 680, 87 P.3d 345 (2004).

71. Evidence of 9.7 miles of erratic driving plus admission of drowsiness sufficient to support conviction of involuntary manslaughter. State v. Hill, 33 K.A.2d 907, 111 P.3d 178 (2005).

72. Under K.S.A. 21-3404(c) state must prove defendant’s behavior was proximate cause of victim’s death. State v. Scott, 285 K. 366, 372, 171 P.3d 639 (2007).

73. Cited in discussion of availability of imperfect self-defense. State v. Kirkpatrick, 286 K. 329, 339, 184 P.3d 247 (2008).

74. Cited in case challenging failure to instruct on lesser included homicides and robbery; no error found. State v. Reid, 286 K. 494, 522, 186 P.3d 713 (2008).

75. Cited; no error in premeditated first-degree murder case in failing to instruct on lesser included offenses. State v. Jones, 287 K. 559, 572, 197 P.3d 815 (2008).

76. Cited; no error in premeditated first degree murder case in denying jury instructions on lesser included offenses. State v. Henson, 287 K. 574, 587, 197 P.3d 456 (2008).

77. Conviction hereunder upheld; no error in failure to give a requested lesser offense instruction. State v. Hoffman, 288 K. 100, 200 P.3d 1254 (2009).

78. Refusal to instruct on lesser included offense of involuntary manslaughter upheld on appeal. State v. Houston, 289 K. 252, 213 P.3d 728 (2009).

79. No evidence found to support an involuntary manslaughter instruction through the lawful act of self-defense. State v. Pennington, 43 K.A.2d 446, 227 P.3d 978 (2010).