CHAPTER 286

AN ACT TO AMEND CHAPTER 55, TITLE 11, DELAWARE CODE, IN RESPECT TO CRIMINAL PROCEDURE IN THE COURT OF COMMON PLEAS FOR KENT COUNTY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch thereof concurring therein):

Section 1. § 5501, Chapter 55, Title 11, Delaware Code, is amended to read as follows:

(a) The proceedings in all criminal cases in the Court of Common Pleas for Kent County shall be by information and without indictment by grand jury. The accused shall have the right to trial by petit jury as provided by Subchapter V of Chapter 15, Title 10.

(b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors, and to impose sentence or probation according to law, as fully as is now done by the Superior Court.

(c) From any order, rule, decision, judgment or sentence of the Court in a criminal action, the accused shall have the right of appeal to Superior Court of Kent County as provided in the 28th Section of the 4th Article of the Constitution of the State of Delaware. Such appeals to the Superior Court shall be reviewed on the record and shall not be tried de novo. The Superior Court shall have power to make appropriate rules to carry the provisions of this Section into effect.

Approved January 8, 1962.