22-3404. Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial. (1) The trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant.
(2) A jury in a misdemeanor case shall consist of six members.
(3) Trials in the municipal court of a city shall be to the court.
(4) Except as otherwise provided by law, the rules and procedures applicable to jury trials in felony cases shall apply to jury trials in misdemeanor cases.
(5) The trial of cigarette or tobacco infraction or traffic infraction cases shall be to the court.
History: L. 1970, ch. 129, § 22-3404; L. 1976, ch. 163, § 19; L. 1977, ch. 112, § 8; L. 1981, ch. 154, § 1; L. 1984, ch. 39, § 40; L. 1989, ch. 100, § 1; L. 1990, ch. 109, § 1; L. 1996, ch. 214, § 32; L. 1998, ch. 192, § 4; May 28.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 34 - Trials And Incidents Thereto
22-3403 Method of trial of felony cases.
22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
22-3405 Presence of defendant.
22-3406 Time to prepare for trial.
22-3407 Motion to discharge jury panel.
22-3409 Summoning jurors in misdemeanor case.
22-3411a Felony trials; number of jurors.
22-3412 Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3413 Juror's knowledge of material fact.
22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.
22-3417 Objections to rulings.
22-3418 View of place of crime.
22-3419 Motion for judgment of acquittal.
22-3420 Conduct of jury after submission.
22-3424 Judgment and sentence; restitution; duties of court.
22-3425 Commitment for failure to pay fine and costs.
22-3426 Record of judgment; form and content of journal entry.
22-3426a Revocation of probation; form and content of journal entry.
22-3427 Execution of sentence.
22-3428b Same; violation of conditions of release; return to custody.
22-3432 Information for secretary of corrections concerning person convicted.
22-3436 Prosecuting attorney; information to victims; right to be present at certain hearings.