22-3607. Disposition of defendant when judgment reversed on appeal. When a judgment of conviction or sentence is reversed, and it appears that no crime has been committed, the appellate court shall direct that the defendant be discharged. If it appears that the defendant is guilty of a crime, although improperly charged, the appellate court shall order the defendant to be held in custody, subject to the order of the court in which he or she was convicted.
History: L. 1970, ch. 129, § 22-3607; L. 1975, ch. 178, § 26; Jan. 10, 1977.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
22-3601 Appellate jurisdiction of court of appeals and supreme court in criminal cases.
22-3602 Appeals by defendant, when; appeals by prosecution; transfers to supreme court.
22-3603 Interlocutory appeals by the state.
22-3604 Release of defendant pending appeal by prosecution.
22-3605 Decision and disposition of case on appeal; stay of mandate.
22-3607 Disposition of defendant when judgment reversed on appeal.
22-3608 Time for appeal from judgment of district court.
22-3609 Appeals from municipal courts.
22-3609a Appeals from district magistrate judges not regularly admitted to practice law.