479.200. Appeals, trial de novo. - Missouri Statutes

Appeals, trial de novo.

479.200. 1. In any case tried before a municipal judge whois not licensed to practice law in this state, the defendantshall have a right to trial de novo, even from a plea of guilty,before a circuit judge or an associate circuit judge.

2. In any case tried before a municipal judge who islicensed to practice law in this state or before an associatecircuit judge, except where there has been a plea of guilty orthe case has been tried with a jury, the defendant shall have aright of trial de novo before a circuit judge or upon assignmentbefore an associate circuit judge. An application for a trial denovo shall be filed within ten days after judgment and shall befiled in such form and perfected in such manner as provided bysupreme court rule.

3. In any case tried with a jury before an associate circuitjudge a record shall be made and appeals may be had upon thatrecord to the appropriate appellate court.

4. The supreme court may provide by rule what record shallbe kept and may provide that it be a stenographic record or onemade by the utilization of electronic, magnetic, or mechanicalsound or video recording devices.

(L. 1978 H.B. 1634)

Effective 1-2-79

*No continuity with § 479.200 as repealed by L, 1978 H.B. 1634.

(1985) Defendant, convicted in municipal court of violating a city ordinance is entitled to request a trial by jury upon appeal to the circuit court. State ex. rel. Estill v. Iannone (Mo.banc), 687 S.W.2d 172.