When a judgment of conviction or sentence is reversed, and it appears that no crime has been committed, the appellate court shall direct that the defendant be discharged. If it appears that the defendant is guilty of a crime, although improperly charged, the appellate court shall order the defendant to be held in custody, subject to the order of the court in which he or she was convicted.
K.S.A. 22-3607
Disposition of defendant when judgment reversed on appeal
L. 1970, ch. 129, § 22-3607; L. 1975, ch. 178, § 26; January 10, 1977.
Official source: Kansas Office of Revisor of Statutes. Reproduced from public-domain Kansas statutes; confirm against the official source for the current text. Not legal advice.