That the municipality shall have free process in the district court in all cases of appeals for violations of municipal ordinances, and in no case shall any costs be assessed against the municipality in such cases.
History: Laws 1919, ch. 112, § 5; C.S. 1929, § 79-526; 1941 Comp., § 39-212; 1953 Comp., § 38-1-12.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For trial de novo on appeal, see 39-3-1 NMSA 1978.
Effect of trial de novo. — A trial de novo is a trial "anew," as if no trial whatever had been had in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Constitutionality where greater sentence. — The greater sentence imposed by the district court for violation of certain municipal ordinances after a trial de novo did not deprive defendant of due process, nor did it amount to double jeopardy. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Correctness of municipal proceedings not reviewed. — In a de novo trial the district court does not review the correctness of the proceedings in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Hazard of greater sentence not unfair. — The hazard of a greater sentence upon trial de novo for violation of municipal ordinance is not fundamentally unfair. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Defendant not entitled to jury. — In prosecutions under municipal ordinances, defendant is not, on appeal to district court, entitled to jury trial. The constitution does not grant jury trial but preserves such right already existing by statute. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 420.
62 C.J.S. Municipal Corporations § 379.