Source or Prior Law:

62-404, 62-406, 62-407.

Law Review and Bar Journal References:

"Notes on the Code of Criminal Procedure," Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 162 (1970).

Survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 353 (1976).

CASE ANNOTATIONS

1. Cited in upholding conviction for aggravated juvenile delinquency; prior escape was requisite to commission of offense. State v. Doolin, 216 Kan. 291, 532 P.2d 1080.

2. Venue determined hereunder upheld; question of fact for jury and determinable from circumstantial evidence. State v. Pyle, 216 Kan. 423, 434, 435, 532 P.2d 1309.

3. District court had authority to try defendants upon grand jury indictments in county where alleged unlawful acts occurred. State v. Campbell, 217 Kan. 756, 779, 539 P.2d 329.

4. Section not unconstitutional on grounds alleged; convictions of felony murder affirmed. State v. Duvaul, 223 Kan. 718, 720, 721, 722, 576 P.2d 653.

5. Jurisdiction of court could not be questioned on either law or facts of case. State v. Pencek, 224 Kan. 725, 729, 730, 585 P.2d 1052.

6. Applied; trial court erroneously dismissed count against one defendant on grounds of improper venue. State v. Cuezze, Houston & Faltico, 225 Kan. 274, 279, 589 P.2d 626.

7. In rape prosecution, venue may be where victim was overcome or where intercourse occurred. State v. Korbel, 231 Kan. 657, 660, 647 P.2d 1301 (1982).

8. Prosecution for act proved in prior prosecution in another county barred under K.S.A. 21-3108 if both counties had venue. State v. Mahlandt, 231 Kan. 665, 668, 669, 647 P.2d 1307 (1982).

9. Acts committed in two different counties held to be independent crimes; prosecution in county where each occurred. State v. Calderon, 233 Kan. 87, 91, 661 P.2d 781 (1983).

10. Statute not applicable to venue for receiving stolen property. State v. Alvarez, 9 Kan. App. 2d 371, 375, 678 P.2d 1132 (1984).

11. 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).

12. 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).

13. 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, 851, 893 P.2d 267 (1995).

14. State may prosecute crime in any county where acts occur when two or more acts are requisite for the commission of the crime. State v. Kendall, 300 Kan. 515, 529, 331 P.3d 763 (2014).