City of Kansas City v. Johnney

CLARK, Judge.

After conviction in the Kansas City Municipal Division of the Circuit Court on three counts of assault, Marvin Johnney sought and was granted a trial de novo in the circuit court before a jury. Prior to submission, but after evidence had been presented, Johnney moved to dismiss the cause in the circuit court and to remand the case to the municipal division for execution of the sentence which had been imposed by that court. The motion was denied and Johnney was convicted by the jury.

On this appeal, Johnney contends his motion to dismiss the de novo trial was in the nature of an…