below to determine if an error was committed. Without a court of record, a second look at the 
case could only be provided by the higher court giving the case de novo consideration (i.e., fresh 
consideration). This was done by conducting a new trial called a trial de novo. The trial de novo was 
not in fact appellate review, since it did not review the decision below, but proceeded as if the case had 
begun in the higher court. The trial de novo simply was a substitute for appellate review, necessitated 
by the absence of a record.” 
2 
2. Kerper, H. B. (1979). Introduction to the criminal justice system (2nd ed., pp. 38-39). West Publishing Company. 
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