State v. Albano

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,767 STATE OF KANSAS Appellee, v. ANITA JO ALBANO, Appellant. SYLLABUS BY THE COURT 1. Section 5 of the Kansas Constitution Bill of Rights, which declares, "The right of trial by jury shall be inviolate," preserves the jury trial right as it historically existed at common law when our state's Constitution came into existence. 2. In Kansas criminal proceedings, the traditional function of the jury is to determine the accused's guilt or innocence, and the traditional function of the court is to impose the legally appropriate punishment. 3. When…