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No. 102,452 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. GEORGE JAMES BROOKS, III, Appellant.

SYLLABUS BY THE COURT 1. If a criminal statute describes alternative means of committing the offense and the prosecution declines to elect among the means, the evidence at trial must be sufficient to support each. If a jury has been instructed on alternative means, all of the jurors must be convinced beyond a reasonable doubt the defendant committed the offense. But the jurors need not agree on which of the alternative means has been proven. A general verdict of conviction is legally proper so long as the record contains sufficient evidence to support each means. Should evidence be lacking on one of the means, however, then a guilty verdict fails for insufficient evidence, requiring the court to enter a judgment of acquittal.

2. Based on the Kansas Supreme Court's analysis in State v. Wright, 290 Kan. 194, Syl.

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Kansas Law