City of Topeka v. Durein

The opinion of the court was delivered by

Mason, J.:

Fritz Durein was convicted in police court of violating a city ordinance. He appealed to the district court, where he was" tried upon an amended complaint and again found guilty. He appeals to this court, and asks a reversal on two grounds: (1) Because such amendment was permitted, and (2) because, after it was made, no new warrant was issued.

In City of Burlington v. James, 17 Kan. 221, it was held that on appeal from police court the defendant could be tried only upon the original complaint, because the statute did not provide for its…