4/11/2024 0 Comments Kansas bill of particulars![]() Allegations made in one count may be incorporated by reference in another count. A complaint shall be signed by some person with knowledge of the facts. An information shall be signed by the county attorney, the attorney general or any legally appointed assistant or deputy of either. An indictment shall be signed by the presiding juror of the grand jury. 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. "(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. "(a) Prosecutions in the district court shall be upon complaint, indictment or information. It guarantees only the right to every accused person to appear and "demand the nature and cause of the accusation against him." Go to Unlike bills of rights of some states, ยง 10 of the Kansas Constitution Bill of Rights does not prescribe the degree of particularity and specificity required in an indictment or information. SAME - Right of Accused to Demand Nature and Cause of Accusation - Kansas Constitution Bill of Rights. It is sufficient if there is an intent to terrorize or an act in reckless disregard of causing such terror. 21-3419, does not require, as an element of the offense, that the defendant knew his or her threat would be communicated to the person terrorized. CRIMINAL LAW - Criminal Threat Statute - Elements. So long as the state proves all of the necessary elements of the particular crime charged, then the evidence is sufficient to convict regardless of whether every statement in the bill of particulars is proved.' (p. `It is not necessary for the prosecution to prove each and every factual statement contained in the bill of particulars. ![]() ![]() The purpose of this restriction is to prevent the State from charging the defendant with one crime and convicting him of something else. The State is restricted in its proof to the items specified in the bill of particulars. "A bill of particulars serves the dual purpose of informing the defendant of the nature of the charge and the evidence against him to enable him to prepare his defense, and of enabling the defendant to avoid further prosecution for the same offense. Wright contends the criminal threat count fails to allege he knew his threat would be communicated to the victim. ![]()
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