Kansas Statute Concerning Misdemeanor Trials

22-3404

Chapter 22.--CRIMINAL PROCEDURE

KANSAS CODE OF CRIMINAL PROCEDURE

Article 34.--TRIALS AND INCIDENTS THERETO

      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.