Kansas Statutes

§ 22-3404 — Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial

Kansas·Ch. 22 CRIMINAL PROCEDURE·Art. 34 TRIALS AND INCIDENTS THERETO
(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 cigarett

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Related

State v. Frye
277 P.3d 1091 (Supreme Court of Kansas, 2012)
68 case citations
City of Overland Park v. Barnett
705 P.2d 564 (Court of Appeals of Kansas, 1985)
7 case citations
State v. Woolverton
371 P.3d 941 (Court of Appeals of Kansas, 2016)
6 case citations
City of Shawnee v. Adem
494 P.3d 134 (Supreme Court of Kansas, 2021)
4 case citations
State v. Duncan
242 P.3d 1271 (Court of Appeals of Kansas, 2010)
2 case citations
City of Wichita v. Grasty
500 P.3d 1201 (Court of Appeals of Kansas, 2021)
State v. Pittenger
(Court of Appeals of Kansas, 2020)

Legislative 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.

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