When a defendant appeals a case from a municipal court of non-record, the defendant gets a new trial at the appellate court.

• A. True
• B. False
• C. Only if the defendant hires new counsel
• D. The appellate court reviews the case without new trial

Answer: (A)

On appeal from a municipal court that is non-record, there is no transcript or formal record of the original trial to review. Because of that, the appellate court does not simply review what happened; it holds a trial de novo, allowing new evidence and witnesses and deciding guilt or innocence as if the case were being tried anew. This is why the defendant gets a new trial at the appellate level after a non-record municipal court appeal. This contrasts with appeals from a municipal court that is a court of record, where the appellate court reviews the existing record rather than retrying the case. The option about hiring new counsel does not determine the process.