reglab/housing_qa huggingface dataset:
MI Comp L § 767.42 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.42 - Preliminary Examination as Prerequisite to Filing of Information; Remand Where Right Waived Without Benefit of Counsel; Fugitives From Justice.

767.42 Preliminary examination as prerequisite to filing of information; remand where right waived without benefit of counsel; fugitives from justice.  Sec. 42.  (1) An information shall not be filed against any person for a felony until such person has had a preliminary examination therefor, as provided by law, before an examining magistrate, unless that person waives his statutory right to an examination. If any person waives his statutory right to a preliminary examination without having had the benefit of counsel at the time and place of the waiver, upon proper and timely application by the person or his counsel, before trial or plea of guilty, the court having jurisdiction of the cause, in its discretion, may remand the case to a magistrate for a preliminary examination.  (2) An information may be filed without a preliminary examination against a fugitive from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner and the same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17256 ;-- CL 1948, 767.42 ;-- Am. 1957, Act 38, Eff. Sept. 27, 1957 ;-- Am. 1974, Act 63, Eff. May 1, 1974 Compiler's Notes: Section 2 of Act 63 of 1974 provides: “To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Former Law: See section 8 of Act 138 of 1859, being CL 1871, § 7944; How., § 9555; CL 1897, § 11940; and CL 1915, § 15767.
MI Comp L § 767.43 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.43 - Indictment; Form Generally.

767.43 Indictment; form generally. Sec. 43.  The indictment may be substantially in the following form:  In the ......................... (here give the name of the court) ......................... term, 19..... the People of the state of Michigan vs. (here give the name or the description of the accused.)  The grand jury of the county or counties of ....................... presents that (here give the name or the description of the accused), (here set forth the offense and transaction, according to the rules herein enunciated).  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17257 ;-- CL 1948, 767.43 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
MI Comp L § 767.44 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.44 - Indictment; Forms for Particular Offenses; Bill of Particulars.

767.44 Indictment; forms for particular offenses; bill of particulars. Sec. 44.  The following forms may be used in the cases in which they are applicable but any other forms authorized by this or any other law of this state may also be used:  Adultery—A.B., a married man, committed adultery with C.D.; or A.B. committed adultery with C.D., a married woman.  Affray—A.B. and C.D. made an affray.  Assault—A.B. assaulted C.D.  Assault and Battery—A.B. committed an assault and battery on C.D.  Assault with intent—A.B. assaulted C.D. with intent to murder, or kill, or rob, or maim, or rape (as the case may be).   Arson—A.B. committed arson by burning the dwelling house of C.D.  Attempt—A.B. attempted to steal from C.D.; A.B. attempted to commit larceny of the goods of C.D.; A.B. attempted to commit burglary of a building belonging to C.D. (as the case may be).  Burglary—A.B. committed burglary of the house of C.D. A.B. broke and entered the dwelling house of C.D. in the night time with intent to commit larceny, or murder, or robbery therein (as the case may be).   Conspiracy—A.B. and C.D. conspired together to murder E.F. or to steal the property of E.F. or to rob E.F. (as the case may be).   Forgery—A.B. forged a certain instrument purporting to be a promissory note (or describe instrument or give its tenor or substance).   Larceny—Embezzlement and false pretenses. A.B. stole from C.D. 1 horse of the value of more than 100 dollars.  Murder—A.B. murdered C.D.  Manslaughter—A.B. killed C.D.  Perjury—A.B. appeared as a witness in a case between C.D. and E.F. being heard before the (set forth the tribunal) and committed perjury by testifying as follows: (set forth the testimony).  Rape—A.B. raped or ravished C.D.  Rape (statutory)—A.B. raped or ravished C.D., she C.D. being then under the age of (statutory age) years.  Robbery Armed—A.B. robbed C.D., A.B. being armed.  Robbery—A.B. robbed C.D., A.B. not being armed.   Provided, That the prosecuting attorney, if seasonably requested by the respondent, shall furnish a bill of particulars setting up specifically the nature of the offense charged. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17258 ;-- CL 1948, 767.44 Former Law: See section 2 of Act 77 of 1855, being CL 1857, § 6048; CL 1871, § 7917; How., § 9528; CL 1897, § 11913; and CL 1915, § 15740.
MI Comp L § 767.45 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.45 - Contents of Indictment or Information; Felony in Which Motor Vehicle Used.

767.45 Contents of indictment or information; felony in which motor vehicle used. Sec. 45.  (1) The indictment or information shall contain all of the following:  (a) The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged.  (b) The time of the offense as near as may be. No variance as to time shall be fatal unless time is of the essence of the offense.  (c) That the offense was committed in the county or within the jurisdiction of the court. No verdict shall be set aside or a new trial granted by reason of failure to prove that the offense was committed in the county or within the jurisdiction of the court unless the accused raises the issue before the case is submitted to the jury.  (2) If a person is accused of committing or attempting to commit a felony in which a motor vehicle was used, other than a felony specified in section 732(4) or 319(1)(a) to (f) of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.732 and 257.319 of the Michigan Compiled Laws, the prosecuting attorney shall include on the complaint and information the statement, "You are charged with the commission of a felony in which a motor vehicle was used. If you are convicted and the judge finds that the conviction is for a felony in which a motor vehicle was used, as defined in section 319 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.319 of the Michigan Compiled Laws, your driver's license shall be suspended by the secretary of state for a period of 90 days to 2 years." As used in this subsection, "felony in which a motor vehicle was used" means a felony during the commission of which the person accused operated a motor vehicle and while operating the vehicle presented real or potential harm to persons or property and 1 or more of the following circumstances existed:  (i) The vehicle was used as an instrument of the felony.  (ii) The vehicle was used to transport a victim of the felony.   (iii) The vehicle was used to flee the scene of the felony.   (iv) The vehicle was necessary for the commission of the felony. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17259 ;-- CL 1948, 767.45 ;-- Am. 1988, Act 123, Eff. July 1, 1988 Former Law: See sections 7 and 13 of Act 77 of 1855, being CL 1857, §§ 6053 and 6059; CL 1871, §§ 7922 and 7928; How., §§ 9533 and 9539; CL 1897, §§ 11918 and 11924; and CL 1915, §§ 15745 and 15751.
MI Comp L § 767.46 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.46 - Indictment; Amendment of Certain Parts.

767.46 Indictment; amendment of certain parts. Sec. 46.  Any defect, error or omission in the caption, commencement or conclusion of an indictment may be amended. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17260 ;-- CL 1948, 767.46
MI Comp L § 767.47 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.47 - Indictment; Effect of Repugnant and Unnecessary Allegations.

767.47 Indictment; effect of repugnant and unnecessary allegations. Sec. 47.  No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged. All unnecessary allegations shall be rejected as surplusage.  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17261 ;-- CL 1948, 767.47 Former Law: See section 8 of Act 77 of 1855, being CL 1857, § 6054; CL 1871, § 7923; How., § 9534; CL 1897, § 11919; and CL 1915, § 15746.
MI Comp L § 767.48 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.48 - Indictment; Necessity of Negativing Statutory Exception.

767.48 Indictment; necessity of negativing statutory exception.  Sec. 48.  No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act exists in the particular case.  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17262 ;-- CL 1948, 767.48
MI Comp L § 767.49 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.49 - Indictment; Statement of Name of Individual, Association or Corporation.

767.49 Indictment; statement of name of individual, association or corporation. Sec. 49.  In any indictment it is sufficient for the purpose of identifying the accused to state his true name, to state the name, appellation or nickname by which he has been or is known, to state a fictitious name, or to describe him as a person whose name is unknown or to describe him in any other manner. In stating the true name or the name by which the accused has been or is known or a fictitious name, it is sufficient to state a surname, a surname and 1 or more christian name or names, or a surname and 1 or more abbreviations or initials of a christian name or names. It is sufficient for the purpose of identifying any group or association of persons, not incorporated, to state the proper name of such group or association (if such there be), to state any name or designation by which the group or association has been or is known, to state the names of all the persons in such group or association or of 1 or more of them, or to state the name or names of 1 or more persons in such group or association referring to the other or others as "another" or "others". It is sufficient for the purpose of identifying a corporation to state the corporate name of such corporation, or any name or designation by which such corporation has been or is known. It is not necessary for the purpose of identifying any group or association of persons or any corporation to state or prove the legal form of such group or association of persons or of such corporation. In no case is it necessary to aver or prove that the true name of any person, group or association of persons or corporation is unknown to the grand jury, complainant or prosecuting officer. If in the course of the trial the true name of any person, group or association of persons or corporation identified otherwise than by the true name, is disclosed by the evidence, the court shall on motion of the accused or of the prosecuting attorney, and may without such motion, insert the true name in the indictment wherever the name appears otherwise.  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17263 ;-- CL 1948, 767.49 Former Law: See sections 8 and 14 of Act 77 of 1855, being CL 1857, §§ 6054 and 6060; CL 1871, §§ 7923 and 7929; How., §§ 9534 and 9540; CL 1897, §§ 11919 and 11925; and CL 1915, §§ 15746 and 15752.
MI Comp L § 767.50 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.50 - Indictment; Description of Instrument.

767.50 Indictment; description of instrument. Sec. 50.  Whenever in an indictment an allegation relative to any instrument which consists wholly or in part of writing or figures, pictures or designs, is necessary, it is sufficient to describe such instrument by any name or description by which it is usually known or by its purport without setting forth a copy or facsimile of the whole or any part thereof. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17264 ;-- CL 1948, 767.50 Former Law: See section 10 of Act 77 of 1855, being CL 1857, § 6056; CL 1871, § 7925; How., § 9536; CL 1897, § 11921; and CL 1915, § 15748.
MI Comp L § 767.51 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.51 - Indictment; Allegation of Time.

767.51 Indictment; allegation of time. Sec. 51.  Except insofar as time is an element of the offense charged, any allegation of the time of the commission of the offense, whether stated absolutely or under a videlicet, shall be sufficient to sustain proof of the charge at any time before or after the date or dates alleged, prior to the finding of the indictment or the filing of the complaint and within the period of limitations provided by law: Provided, That the court may on motion require the prosecution to state the time or identify the occasion as nearly as the circumstances will permit, to enable the accused to meet the charge. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17265 ;-- CL 1948, 767.51 Former Law: See section 8 of Act 77 of 1855, being CL 1857, § 6054; CL 1871, § 7923; How., § 9534; CL 1897, § 11919; and CL 1915, § 15746.
MI Comp L § 767.52 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.52 - Indictment; Allegation of Means of Offense.

767.52 Indictment; allegation of means of offense. Sec. 52.  The indictment need contain no allegation of the means by which the offense was committed except insofar as the means is an element of the offense. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17266 ;-- CL 1948, 767.52
MI Comp L § 767.53 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.53 - Indictment; Allegation of Value or Price.

767.53 Indictment; allegation of value or price. Sec. 53.  The indictment need not allege the value or price of any property unless the value or price is an element of the offense and in such case it is sufficient to aver that the value or price of the property is less than, equals or exceeds the certain value or price which determines the offense or grade thereof. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17267 ;-- CL 1948, 767.53 Former Law: See sections 8 and 16 of Act 77 of 1855, being CL 1857, §§ 6054 and 6062; CL 1871, §§ 7923 and 7931; How., §§ 9534 and 9542; CL 1897, §§ 11919 and 11927; and CL 1915, §§ 15746 and 15754.
MI Comp L § 767.54 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.54 - Indictment; Ownership; Allegation; Proof.

767.54 Indictment; ownership; allegation; proof. Sec. 54.  The indictment need not allege the ownership of any property unless such ownership is necessary to indicate the offense. Proof of possession or right of possession or lien or special property in the person alleged to be the owner shall be sufficient to sustain an allegation of ownership in such person. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17268 ;-- CL 1948, 767.54 Former Law: See section 10 of Ch. 161 of R.S. 1846, being CL 1857, § 5946; CL 1871, § 7812; How., § 9422; CL 1897, § 11783; and CL 1915, § 15610.
MI Comp L § 767.55 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.55 - Indictment; Allegation of Certain Matters in the Alternative.

767.55 Indictment; allegation of certain matters in the alternative. Sec. 55.  In an indictment for an offense which is constituted of 1 or more of several acts, or which may be committed by 1 or more of several means, or with 1 or more of several intents, or which may produce 1 or more of several results, 2 or more of such acts, means, intents or results may be charged in the alternative. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17269 ;-- CL 1948, 767.55
MI Comp L § 767.56 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.56 - Indictment; Allegation of Prior Conviction.

767.56 Indictment; allegation of prior conviction. Sec. 56.  Whenever it is necessary to allege a prior conviction of the accused in an indictment, it is sufficient to allege that the accused was at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of the offense, if it have one, or stating the substantial elements thereof. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17270 ;-- CL 1948, 767.56
MI Comp L § 767.57 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.57 - Pleading; Statute or Statutory Right.

767.57 Pleading; statute or statutory right. Sec. 57.  In pleading a statute or a right derived therefrom it is sufficient to refer to the statute by its title, or in any other manner which identifies the statute and the court must thereupon take judicial notice thereof.  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17271 ;-- CL 1948, 767.57 Former Law: See section 13 of Act 77 of 1855, being CL 1857, § 6059; CL 1871, § 7928; How., § 9539; CL 1897, § 11924; and CL 1915, § 15751.
MI Comp L § 767.58 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.58 - Pleading; Judgment or Proceeding.

767.58 Pleading; judgment or proceeding. Sec. 58.  In pleading a judgment or other determination of, or a proceeding before any court or officer, civil or military, it is unnecessary to allege the facts conferring jurisdiction on such court or officer, but it is sufficient to allege generally that such judgment or determination was duly given or made or such proceedings had.  History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17272 ;-- CL 1948, 767.58 Former Law: See section 17 of Act 77 of 1855, being CL 1857, § 6063; CL 1871, § 7932; How., § 9543; CL 1897, § 11928; and CL 1915, § 15755.
MI Comp L § 767.59 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)|Section 767.59 - Indictment; Unnecessary Formal Words and Phrases.

767.59 Indictment; unnecessary formal words and phrases.  Sec. 59.  The indictment need not allege that the offense was committed or the act done "feloniously" or "traitorously" or "unlawfully" or "with force of arms" or "with a strong hand," nor need it use any phrase of like kind otherwise than to characterize the offense, nor need it allege that the offense was committed or the act done "burglariously", "wilfully", "knowingly", "maliciously", "negligently" nor need it otherwise characterize the manner of the commission of the offense unless such description is necessary to indicate the offense. The indictment need not contain the words "contrary to the statute", "as appears by the record", or any other words of similar import. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17273 ;-- CL 1948, 767.59 Former Law: See section 34 of Ch. 164 of R.S. 1846, being CL 1857, § 6043; CL 1871, § 7912; How., § 9523; CL 1897, § 11908; CL 1915, § 15735; and section 8 of Act 77 of 1855, being CL 1857, § 6054; CL 1871, § 7923; How., § 9534; CL 1897, § 11908; CL 1915, § 15735.