Category: Kansas Court Opinions

587 P.2d 883 CITY OF OVERLAND PARK, KANSAS, Appellant, v. JAMES B. SANDY, Appellee. No. 49,468Supreme Court of Kansas Opinion filed December 9, 1978. SYLLABUS BY THE COURT 1. AUTOMOBILES — Driver’s License Check — Enforcement Authorization. The driver’s license check statute (K.S.A. 8-244) is intended to give the officers mentioned therein the power to […]

126 P.3d 1132 STATE v. STALLWORTH. No. 94,098.Court of Appeals of Kansas. January 27, 2006. Appeal from Geary. Affirmed.

113 P.3d 834 DAVIS v. STATE. No. 91,820.Court of Appeals of Kansas. June 24, 2005. Appeal from Wyandotte. Decision without published opinion. Affirmed.

421 P.2d 24 STATE OF KANSAS, Appellee, v. BERNARD L. GREENWOOD, Appellant. No. 44,161Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT HOMICIDE — Murder in the First Degree — Statement Voluntarily Made — Recalling Witness to Correct Testimony — Additional Instruction — Mental Capacity — Evidence of Premeditation. The record […]

297 P.2d 201 In the Matter of the Estate of James Patrick, Deceased. (HAROLD PATRICK, Appellant, v. LUCILLE MULHOLLAND, Appellee.) No. 39,991Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Action to Set Aside Sale Proceedings — Administrator’s Deed Recorded — Action Barred. James Patrick died intestate […]

356 P.2d 820 JOPLIN CEMENT COMPANY, a Corporation, Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., a Corporation, and the TRINITY UNIVERSAL INSURANCE COMPANY, a Corporation, Appellants. JOHNSON SERVICE COMPANY, a Corporation, Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., a Corporation; and the TRINITY UNIVERSAL INSURANCE COMPANY, a Corporation, Appellants. Nos. 41,905, 41,906Supreme Court of Kansas Opinion filed […]

505 P.2d 694 JOSEPH L. DAVIS, Appellant, v. ROCK ISLAND OIL COMPANY and ROYAL INDEMNITY COMPANY, Appellees. No. 46,777Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION WORKMEN’S COMPENSATION — Accident Arising Out of Employment — Question of Fact. Appeal from Ellsworth district court; FREDERICK WOLESLAGEL, judge. Opinion filed January 20, 1973. Affirmed. […]

519 P.2d 667 JESSE S. VENABLE, Appellee, v. IMPORT VOLKSWAGEN, INC., Appellee, and FARMERS INSURANCE EXCHANGE, Appellant. No. 47,048Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. INSURANCE — Liability Based on Contract. The liability of a property insurer is based upon its contract. 2. SAME — Contract Governs Measure […]

913 P.2d 1211 THE AMERICAN HOME LIFE INSURANCE COMPANY; WOODRIDGE BUILDING PARTNERSHIP, et al.; and RICHARD SHEETS, Individually, et al., Appellees/Cross-Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS; PATSY A. MCDONALD, SHAWNEE COUNTY CLERK; and RITA CLINE, SHAWNEE COUNTY TREASURER, Appellants/Cross-Appellees. No. 72,632[1] , No. 72,805Court of Appeals of Kansas […]

948 P.2d 1135 STATE OF KANSAS, Appellee, v. RANDALL C. SANFORD, Appellant. No. 75,563[1] Court of Appeals of Kansas Opinion filed May 30, 1997. Published November 13, 1997. [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 13, 1997, pursuant to Rule 7.04 (1997 […]

413 P.2d 90 STATE OF KANSAS, Appellee, v. LARRY E. WOOD, Appellant. No. 44,471Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Necessity of Raising Trial Errors Below. In a criminal action alleged trial errors not urged or presented on the hearing of a motion for […]

369 P.2d 373 JOHN POLZAR, Appellant, v. ARTHUR QUINTON RAYMOND, Appellee. No. 42,518Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT AUTOMOBILES — Guest Statute — Evidence as to Speed Alone — Demurrer to Evidence. In an action where the plaintiff sought to recover damages under the provisions of the automobile […]

881 P.2d 561 STATE OF KANSAS, Appellee, v. BRIAN BLOCKMAN a/k/a ROBERTO HONEYCUTT, Appellant. No. 69,147Supreme Court of Kansas Opinion filed September 16, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Lesser Included Offense of Common-law Larceny. Common-law larceny as codified in Kansas in K.S.A. 21-3701(a), “[o]btaining . . . unauthorized control […]

77 P.3d 1272 STATE OF KANSAS, Appellee, v. DENNIS LEE GOELLER, Appellant. No. 88,537.Supreme Court of Kansas. Opinion filed October 31, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Restitution — Causal Link between Victim’s Damages and Defendant’s Conduct — Appellate Review. Restitution for a victim’s damages or loss depends on the establishment of a […]

382 P.2d 330 STATE OF KANSAS, Appellee, v. HERTHON LEOPARD, Appellant. No. 43,370Supreme Court of Kansas Opinion filed June 8, 1963. SYLLABUS BY THE COURT APPEAL AND ERROR — Appeal in Criminal Case — Notice of Appeal. Supreme court has no jurisdiction to entertain an appeal by a defendant in a criminal case, unless he […]

378 P.2d 157 J.P. HARRIS, et al., Appellees, v. PAUL R. SHANAHAN, as Secretary of State of the State of Kansas, et al., Appellants. No. 43,289Supreme Court of Kansas Opinion filed January 31, 1963. Appeal from Shawnee district court, division No. 2; MARION BEATTY, judge. Opinion filed January 31, 1963. Jurisdiction retained. William M. Ferguson, […]

679 P.2d 746 DON COLLINS, Appellant, v. MBPXL CORPORATION AND GENE EILERTS, Appellees. No. 55,724Court of Appeals of Kansas Opinion filed March 29, 1984 Petition for review denied 235 Kan. 1041. SYLLABUS BY THE COURT 1. LABOR — Collective Bargaining Agreement — When Federal Substantive Law Governs Rights under Agreement. Rights under a collective bargaining […]

93 P.3d 712 CORWIN T. ROY, Appellant, v. CANDIS L. YOUNG and KATZ YOUNG, L.C., Appellees. No. 91,189.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Summary Judgment — Appellate Review. Where facts are not in dispute, appellate review of an order regarding summary judgment is de […]

496 P.2d 1381 STATE OF KANSAS, Appellee, v. DANNY McCOLLUM, Appellant. No. 46,540Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT 1. CONTINUANCE — Granting or Refusal — Judicial Discretion. The granting or refusal of a continuance is a matter resting largely within the sound discretion of the district court and […]

545 P.2d 1129 STATE OF KANSAS, Appellant, v. JOHN C. SHIENLE, Appellee. No. 47,819Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. ARREST — Arrest outside Jurisdiction — Validity. It is generally held a police officer acting within his official capacity cannot make an arrest outside the jurisdiction from which […]

305 P.2d 1055 EVELYN MERTZ BOETTCHER; EDWARD L. MERTZ; BETTY CLARK GRANDI; JEWELL CLARK LEWIS; BARBARA CLARK THOMAS; CAROLYN CLARK FARGO, Plaintiffs, v. CATHERINE W. CRISCIONE, Appellant; MAX WYMAN, Appellee; GEORGE J. LITTLE and HELEN H. LITTLE, Intervenors. MAX WYMAN, Appellee, v. CATHERINE W. CRISCIONE, Appellant. Nos. 40,125, 40,126Supreme Court of Kansas Opinion on rehearing […]

659 P.2d 187 LAKEVIEW VILLAGE, INC., Formerly Known as EVANGELICAL VILLAGE AND BIBLE CONFERENCE, INC., Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS: CLAY L. WIRT, JOHN J. FRANKE, JR., and ROBERT R. DAVIS, as Commissioners thereof; EDNA C. CRAIG, County Treasurer of Johnson County; and PRATHER H. BROWN, County Assessor of […]

57 P.3d 819 WILLIAM C. HUFFMIER, Appellant, v. JOAN HAMILTON, Appellee. No. 87,998Court of Appeals of Kansas Opinion filed: October 25, 2002. Petition for review denied 275 Kan. 964 (2003). SYLLABUS BY THE COURT 1. JUDGMENTS — Summary judgment — Application. Standards of review for summary judgment are stated and applied. 2. APPEAL AND ERROR […]

594 P.2d 175 DICK KING INSURANCE, INC., Appellee, v. JAMES H. McBRATNEY, Appellant. No. 49,630Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT APPEAL AND ERROR — Findings of Fact — Appellate Review. A trial court’s findings of fact will not be disturbed on appeal if there is any evidence to […]

515 P.2d 1102 ANNA M. BASINGER, Appellee, v. JIMMIE L. BASINGER, Appellant. No. 47,078Supreme Court of Kansas Opinion filed November 3, 1973. MEMORANDUM OPINION PARENT AND CHILD — Changing Custody of Child — Jurisdiction. Appeal from Sedgwick district court, division No. 1; WILLIAM C. KANDT, judge. Opinion filed November 3, 1973. Reversed with directions. Owen […]

642 P.2d 993 STATE OF KANSAS, Appellee, v. JAMES A. BAGBY, Appellant. No. 53,521Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Joinder of Complaints for Single Defendant — Consolidated for Single Trial. A court may order consolidation for trial of separate complaints or informations filed against […]

882 P.2d 483 ROBERT HUBBARD, Appellant, v. BOARD OF EDUCATION, U.S.D. No. 434, OSAGE COUNTY, KANSAS; KARLA PIERCE; ROBERT J. CAIRNS; SHEILA R. DALE; C. MIKE FAWL; PAUL LIRA; and RICHARD RUMSEY, Appellees. No. 70,472[1] Court of Appeals of Kansas Opinion filed June 24, 1994 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the […]

113 P.3d 274 COOLEY v. STATE. No. 92,266.Court of Appeals of Kansas. June 17, 2005. Appeal from Butler. Decision without published opinion. Affirmed.

244 P.2d 222 THE CITY OF HUTCHINSON, KANSAS, Appellee, v. J.W. HARRISON, Appellant. No. 38,560Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Parking Meter Ordinance — Police Powers. In the exercise of police powers conferred by statute a city of the first class has authority to […]

402 P.2d 794 HAROLD H. STUMP, Appellee, v. (RALPH M. POMEROY, et al.), MARY ALICE DRENNAN FLINT and HELEN DRENNAN BECKETT, Appellants, and JOHN D. FINLEY, Appellee. No. 43,894Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT 1. LIFE ESTATE AND REMAINDERS — Power of Disposal — Duty to Remaindermen. A […]

610 P.2d 572 MICHAEL C. WEIGAND, Appellee, v. UNION NATIONAL BANK OF WICHITA, Appellant. No. 50,476Supreme Court of Kansas Opinion filed May 10, 1980. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Elements of Actionable Fraud. Actionable fraud includes an untrue statement of fact, known to be untrue by the party making it, made […]

280 P.2d 593 ROSA L. CROASDALE, Appellee, v. C.B. BUTELL and ERWIN SCHOEPFLIN, individually and as co-partners doing business as “Osage Farm,” Appellants. No. 39,603Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT ESTATES — Life Tenant — Conversion of Grass — Damages. The record in an action by the owner […]

124 P.3d 460 STATE OF KANSAS, Appellee, v. LANA C. JACKSON, Appellant. No. 91,919.Supreme Court of Kansas. Opinion filed December 9, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Felony Murder — Sufficiency of Evidence. An appellate court reviews whether a murder occurred during the course of a felony like any other challenge to the […]

386 P.2d 194 ARTHUR G. JONES, Appellee, v. DAVID LEE GARRETT, Appellant. Nos. 43,316, 43,393 and 43,425Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT 1. STATUTES — Rule of Construction. The rule that statutes in derogation of the common law should be strictly construed has been made inapplicable in this […]

848 P.2d 458 ELECTRONIC REALTY ASSOCIATES, INC., Appellee, v. CAROLE SANDOW GOMEZ, DEBORAH CHESLA, STEVEN SPIES, and SCG, INC., Appellants. No. 67,734Court of Appeals of Kansas Opinion filed March 12, 1993 SYLLABUS BY THE COURT 1. CONTEMPT — Criminal Contempt — Trial Court Discretion — Appellate Review. By the very nature of a contempt proceeding, […]

443 P.2d 266 WILLIS W. WALL, Plaintiff-Appellee, v. VIRGINIA LEE HARRISON, Election Commissioner of Sedgwick County, Kansas, Defendant, KEITH SANBORN, County Attorney of Sedgwick County, Kansas, Intervenor-Appellant. No. 45,413Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT 1. MANDAMUS — Determining Constitutionality of Statute — Proper Remedy. Under the facts stated […]

72 P.3d 852Court of Appeals of Kansas July 3, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Embry 88106 Sedgwick 07/03/2003 Affirmed Ridge v. State 88196 Sedgwick 07/03/2003 Affirmed In the Matter of the Guardianship and Conservatorship of T.R.S. and In the Matter of the Adoption of T.R.S. 88281 Crawford 07/03/2003 […]

498 P.2d 103 STATE OF KANSAS, Appellee, v. LINDELL WAYNE COLLINS, Appellant. No. 46,066Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Alibi Witnesses — Prerequisite to Admissibility of Evidence. Where the defendant in a criminal case had not complied with the notice provisions of former K.S.A. […]

17 P.3d 974 STATE OF KANSAS, Appellee, v. JERRY D. MAGDALENO, Appellant. No. 82,947Court of Appeals of Kansas Opinion filed: January 5, 2001. Petition for review denied 271 Kan. 1040 (2001). SYLLABUS BY THE COURT 1. TRIAL — Admissibilty — Trial Court Discretion. The admission or exclusion of evidence rests within the sound discretion of […]

956 P.2d 733 STATE OF KANSAS, Appellee, v. MICHAEL BUTLER, Appellant. No. 78,168Court of Appeals of Kansas Opinion filed March 27, 1998 SYLLABUS BY THE COURT CRIMINAL LAW — Criminal Threat or Battery — Lesser Included Offense Instruction — Disorderly Conduct Not Usually a Lesser Included Offense. Disorderly conduct will not usually be a lesser […]

502 P.2d 841 STATE OF KANSAS, Appellant, v. VICTOR NELSON, HELEN L. HUTTON and JOSEPH E. CULVER, Appellees. No. 46,636Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Ban Against Lotteries — Self-executing. The constitutional ban against lotteries is self-executing. 2. SAME — Construction a Judicial Function. […]

861 P.2d 768 SHANA NERO, Appellant, v. KANSAS STATE UNIVERSITY, Appellee. No. 68,564Supreme Court of Kansas Opinion filed September 22, 1993. SYLLABUS BY THE COURT 1. NEGLIGENCE — Proof Required to Recover for Negligence. To recover for negligence, the plaintiff must prove the existence of a duty, breach of that duty, injury, and a causal […]

240 P.2d 144 LELA WILCOX, Appellant, v. CHARLES C. WILCOX and RODNEY B. STARKWEATHER, Appellees. No. 38,489Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT DIVORCE — Action to Recover Alimony Installments and to Set Aside Deed — Claims Not Due. The record examined in an action wherein a divorced wife […]

810 P.2d 1154 MARK TWAIN KANSAS CITY BANK, Appellant, v. DANIEL J. CATES, JUHREE R. CATES, JOSEPH A. CATES, ELLEN CATES, and CATES SHEET METAL, INC., Appellees. No. 65,460Supreme Court of Kansas Opinion filed May 10, 1991 SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. A moving party is entitled to summary judgment if […]

160 P.3d 457 STATE OF KANSAS, Appellee, v. VICTOR ANDRE CARTER, Appellant. No. 95,335.[1] Supreme Court of Kansas. MODIFIED OPINION Original opinion filed June 8, 2007. Modified opinion filed June 22, 2007.[1] [1] REPORTER’S NOTE: This modified opinion was prepared prior to the publication of the original opinion and constitutes the sole published opinion in […]

987 P.2d 325 SHIRLEY TREASTER, Claimant/Appellant, v. DILLON COMPANIES, INC., Respondent/Appellee, and WORKERS COMPENSATION FUND, Insurance Carrier/Appellee. No. 80,830Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Appeal from Workers Compensation Board — Standard of Review. The standard of review of appeals from the Workers Compensation Board […]

936 P.2d 742 STATE OF KANSAS, Appellee, v. MYRNA EISELE, Appellant. No. 74,873Supreme Court of Kansas Opinion filed April 18, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Department Sentence — Substantial and Compelling Reasons for Departure. The sentencing judge shall impose the presumptive sentence provided by the sentencing guidelines for crimes […]

505 P.2d 764 GLENDA C. MOUDY, Appellant, v. O. WAYNE MOUDY, Appellee. No. 46,824Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION PARENT AND CHILD — Custody Between Parents — Welfare of Child Paramount. Appeal from Sedgwick district court, division No. 7; TOM RAUM, judge. Opinion filed January 20, 1973. Affirmed. Donald E. […]

125 P.3d 1089 STATE v. SMITH. Nos. 93,028, 93,029, 93,030.Court of Appeals of Kansas. January 13, 2006. Appeal from Saline. Decision without published opinion. Affirmed.

103 P.3d 993 STATE v. STROPE. No. 91,365.Court of Appeals of Kansas January 14, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

574 P.2d 243 STATE OF KANSAS, Appellee, v. JIMMY LEE BULLOCKS, Appellant. No. 49,091Court of Appeals of Kansas Opinion filed February 3, 1978 Petition for review denied 223 Kan. clxxii. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Circumstantial Evidence — Test for Sufficiency on Appeal. When considering the sufficiency of circumstantial evidence to sustain […]

672 P.2d 590 STATE OF KANSAS, Appellee, v. RHEADIS OSBY MAXWELL, JR., Appellant. No. 55,205Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuance — Trial Court Discretion. The granting or denial of a continuance in a criminal case is a matter which rests in the sound […]

767 P.2d 292 HELEN JEAN PIERCE, SCOTT PIERCE and TIA M. PIERCE, Appellees, v. VICKI PIERCE, Appellant. No. 61,414Supreme Court of Kansas Opinion filed January 20, 1989. MEMORANDUM OPINION DIVORCE — Decree Provision Requiring Husband to Maintain Life Insurance Policy with His Minor Children as Beneficiaries — Husband’s Attempt to Change Beneficiary upon Remarriage was […]

419 P.2d 896 THE STATE OF KANSAS, Plaintiff, Appellee, v. LeROY GARBER, Defendant, Appellant. No. 44,583Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. SCHOOLS — Compulsory School Attendance — Home Instruction. A system of education which consists essentially of home instruction does not satisfy the requirements of our compulsory […]

485 P.2d 1382 In the Matter of the Application of Shirley Rhea for a Writ of Habeas Corpus (SHIRLEY RHEA, Appellant, v. MARY ANN VINER, formerly MARY ANN EASTWOOD, Appellee). No. 46,265Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Not Subject to a Valid […]

647 P.2d 1288 STATE OF KANSAS, Plaintiff-Appellant, v. BOWMAN NATIONAL SECURITY AGENCY, INC., DAN J. LOVELAND, JAMES E. McADAMS, GARRY TALLY, Defendants-Appellees. No. 53,743Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Eavesdropping — Consent Required — Construction of Statute. The phrase “without the consent of the person […]

345 P.2d 992 D.L. WARBURTON, d/b/a DELUXE CAB COMPANY, Appellee, v. R.L. WARKENTIN, STATE LABOR COMMISSIONER, Appellant. No. 41,443Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT 1. LABOR AND INDUSTRIES — Employment Security Law — Employer and Employee Relationship — Contributions — Retroactive Order Invalid. In an appeal from a […]

118 P.3d 178 MAVROVICH v. VILLAGE GREENS, INC. No. 93,495.Court of Appeals of Kansas. August 26, 2005. Appeal from Jefferson. Decision without published opinion. Affirmed.

334 P.2d 373 In re Estate of Anna E. Summers. (A.S. MORGAN, Appellee, v. KENNETH P. ROCKHILL, Administrator, Appellant.) No. 41,140Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Specific Performance of Oral Contract — For Services — Findings Supported by Evidence. The record is examined in […]

558 P.2d 113 STATE OF KANSAS, Appellee, v. LOUIS HERALD JAKEWAY, Appellant. No. 48,309Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Absence of Formal Arraignment — Waiver by Defendant. The absence of a formal arraignment and plea of the defendant is effectively waived by the acts […]

541 P.2d 693 SERENA READ, Executrix of the Estate of Earl E. Read, Deceased, Claimant, Appellee, v. In the Matter of the Estate of Quinnie Davis, Deceased, and JOHN W. BRIGGS, Executor, Appellants. No. 47,438Supreme Court of Kansas Opinion filed December 7, 1974. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. […]

556 P.2d 184 STATE OF KANSAS, Appellee, v. DONALD WILLIAMS, Appellant. No. 47,936Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence Excluding Guilt on Included Offense Not Charged — No Instruction on Included Offense. If the evidence at the trial excludes a theory of guilt on […]

790 P.2d 404 MALCOLM MILLER, Appellant, v. FOULSTON, SIEFKIN, POWERS EBERHARDT, a Kansas Partnership; and ROBERT C. FOULSTON, ROBERT N. PARTRIDGE, JOHN F. EBERHARDT, ROBERT M. SIEFKIN, RICHARD C. HARRIS, GERALD SAWATZKY, ROBERT L. HOWARD, CHARLES J. WOODIN, MIKEL L. STOUT, MICHAEL KIM MOORE, WILLIAM R. SAMPSON, CHRISTOPHER P. CHRISTIAN, JERRY G. ELLIOTT, BENJAMIN C. […]

551 P.2d 792 DIANE PARISH, Appellant, v. W. SCOTT PARISH, Appellee. No. 48,130Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Children — Division of Property — Denial of Alimony — No Abuse of Judicial Discretion. In a divorce action wherein the trial court awarded custody […]

641 P.2d 366 STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Appellant, v. ROBERT C. HARDER, Secretary of the Kansas Department of Social and Rehabilitation Services, and the KANSAS MEDICAL SOCIETY, Appellees. No. 53,132Supreme Court of Kansas Opinion filed February 17, 1982. SYLLABUS BY THE COURT 1. PUBLIC RECORDS — Public Inspection of […]

256 P.2d 121 IRA M. FOSTER, LAURANCE L. WILSON, and M.S. LOOMIS, Appellees and Cross-Appellants, v. THE CITY OF AUGUSTA, KANSAS, a Municipal Corporation, Appellant and Cross-Appellee. CATHERINE CARTER, Appellant, v. THE CITY OF AUGUSTA, KANSAS, a Municipal Corporation, Appellee. Nos. 38,898, 38,892Supreme Court of Kansas Opinion filed April 11, 1953. SYLLABUS BY THE COURT […]

398 P.2d 344 STATE OF KANSAS, Appellee, v. JAMES K. SHANNON, alias JAMES K. KELLY, Appellant. No. 44,012Supreme Court of Kansas Opinion filed January 23, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Change of Venue — Prejudice of Trial Judge. A trial court is not compelled to grant a change of venue or, […]

173 P.3d 656 STATE OF KANSAS, Appellee, v. VERONICA J. SPANGLER, Appellant. No. 96,326.Court of Appeals of Kansas. December 21, 2007. SYLLABUS BY THE COURT1. INDICTMENT AND INFORMATION — Amendment before Verdict. Under K.S.A. 2006 Supp. 22-3201(e), a trial court may permit a complaint or information to be amended at any time before verdict or […]

407 P.2d 478 EDWARD J. ZELLER, Appellee, v. EDITH ZELLER, Appellant. No. 44,180Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. DIVORCE — No Obligation for Support of Stepchild. In the absence of a statute a stepfather has no obligation to provide for support of a stepchild. 2. SAME — […]

67 P.3d 138 STATE OF KANSAS, Appellee, v. MICHAEL WHITE, Appellant. No. 87,017.Supreme Court of Kansas Opinion filed April 25, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Severance of Trials for Codefendants — Trial Court Discretion. Severance under K.S.A. 22-3204 lies within the sound discretion of the trial court, and should occur when a […]

174 P.3d 891 ROBERT MILLER, Appellee, v. DAVID McKUNE, et al., Appellants. No. 94,453.[1] Court of Appeals of Kansas. March 10, 2006. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 ( 2006 Kan. Ct. R. Annot. 50). The published version was filed […]

460 P.2d 521 PEOPLES STATE BANK, a Corporation, Appellee, v. MERRY “A” DRILLING, INC., a Corporation, MOUNTAIN IRON AND SUPPLY COMPANY, a Corporation, and INTERCONTINENTAL LEASING, INC., a Corporation, Appellants. No. 45,459Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT 1. BILLS AND NOTES — Debt Secured by Chattel Mortgage — […]

855 P.2d 943 STATE OF KANSAS, Appellant, v. GARY M. RATLEY, Appellee. No. 68,474Supreme Court of Kansas Opinion filed July 9, 1993. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact and Conclusions of Law — Sufficiency of Evidence — Appellate Review. When the district court has made findings of fact and […]