22-3610. Hearing on appeal; exception. (a) When a case is appealed to the district court, such court shall hear and determine the cause on the original complaint, unless the complaint shall be found defective, in which case the court may order a new complaint to be filed and the case shall proceed as if the original complaint had not been set aside. The case shall be tried de novo in the district court.
(b) Notwithstanding subsection (a), appeal from a conviction rendered pursuant to subsection (b) of K.S.A. 12-4416 shall be conducted only on the record of the stipulation of facts relating to the complaint.
History: L. 1970, ch. 129, § 22-3610; L. 1982, ch. 144, § 20; July 1.
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.