reglab/statecodes huggingface dataset:
2023 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 767.66 - Place and Manner of Indictment; Person Aiding and Abetting Thief Who Removes Stolen Property From Another State or Country.

767.66 Place and manner of indictment; person aiding and abetting thief who removes stolen property from another state or country.
Sec. 66.
Every person who shall aid and abet any thief, such thief having brought the stolen property into this state, may be indicted, convicted and punished in the same manner, notwithstanding such theft was committed in any other state or country, that aiders and abettors are punished, where the theft was originally committed within this state.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17280 ;-- CL 1948, 767.66
Former Law:
See section 3 of Act 119 of 1850, being CL 1857, § 5799; CL 1871, § 7608; How., § 9179; CL 1897, § 11594; and CL 1915, § 15349.
2023 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 767.67 - Indictment; Charging Accessory Without Principal; Substantial Felony.

767.67 Indictment; charging accessory without principal; substantial felony.
Sec. 67.
Any number of accessories after the fact, or receivers, buyers, or persons aiding in the concealment of any stolen money, goods, or property may be charged with substantive felonies in the same indictment, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17281 ;-- CL 1948, 767.67
Former Law:
See section 5 of Act 77 of 1855, being CL 1857, § 6051; CL 1871, § 7920; How., § 9531; CL 1897, § 11916; and CL 1915, § 15743.
2023 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 767.68 - Indictment; Charge of Jointly Receiving or Concealing Stolen Property; Conviction of Less Than All Indictees.

767.68 Indictment; charge of jointly receiving or concealing stolen property; conviction of less than all indictees.
Sec. 68.
If 2 or more persons are indicted for jointly receiving, buying or aiding in the concealment of any stolen property, and the evidence shall be that 1 or more persons separately, knowingly received, bought or aided in the concealment of any part of such property, the jury may convict upon such indictment those who are proved to have received, bought or aided in the concealment of any part of such property.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17282 ;-- CL 1948, 767.68
Former Law:
See section 6 of Act 77 of 1855, being CL 1857, § 6052; CL 1871, § 7921; How., § 9532; CL 1897, § 11917; and CL 1915, § 15744.
2023 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 767.69 - Indictment for Larceny; Additional Counts; Conviction; Election Between Counts Unnecessary.

767.69 Indictment for larceny; additional counts; conviction; election between counts unnecessary.
Sec. 69.
An indictment for larceny may contain also a count for embezzlement, larceny by conversion, obtaining property by false pretenses or for receiving or having in possession, or aiding in concealing the same property, knowing it to have been stolen, and the jury may convict of any such offense; and the jury may find all or any of the persons indicted, guilty of any of the offenses charged in the indictment. The prosecuting attorney shall not be required to elect between the offenses so charged.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17283 ;-- Am. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 767.69
Former Law:
See section 20 of Act 77 of 1855, being CL 1857, § 6066; CL 1871, § 7936; How., § 9547; CL 1897, § 11932; and CL 1915, § 15759.
2023 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 767.70 - Indictment for Libel; Statement of Application to Party Libelled.

767.70 Indictment for libel; statement of application to party libelled.
Sec. 70.
An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libelled of the defamatory matter on which the indictment is founded, but it is sufficient to state generally that the same was published concerning him.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17284 ;-- CL 1948, 767.70
Former Law:
See section 18 of Act 77 of 1855, being CL 1857, § 6064; CL 1871, § 7934; How., § 9545; CL 1897, § 11930; and CL 1915, § 15757.
2023 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 767.71 - Indictment for Murder and Manslaughter; Charging Act.

767.71 Indictment for murder and manslaughter; charging act.
Sec. 71.
In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which the death of the deceased was caused; but it shall be sufficient in any indictment for murder to charge that the defendant did murder the deceased; and it shall be sufficient in manslaughter to charge that the defendant did kill the deceased.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17285 ;-- CL 1948, 767.71
Former Law:
See section 1 of Act 77 of 1855, being CL 1857, § 6047; CL 1871, § 7916; How., § 9527; CL 1897, § 11912; and CL 1915, § 15739.
2023 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 767.72 - Indictment for Manslaughter; Added Count for Abortion; Admissibility of Dying Declaration Under Either Count.

767.72 Indictment for manslaughter; added count for abortion; admissibility of dying declaration under either count.
Sec. 72.
An indictment or information for manslaughter may contain also a count for procuring or attempting to procure an abortion and the jury may convict of either offense. Dying declarations shall be admissible in evidence in proof of either count.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17286 ;-- CL 1948, 767.72
2023 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 767.73 - Indictment; Perjury; Sufficiency of Statement.

767.73 Indictment; perjury; sufficiency of statement.
Sec. 73.
An indictment for perjury or for subornation of, solicitation, or conspiracy to commit perjury, is sufficient which indicates the offense for which the accused is prosecuted, the nature of the controversy in respect of which the offense was committed and before what court or officer the oath was taken or was to have been taken, without setting forth any part of the records or proceedings with which the oath was connected, and without stating the commission or authority of the court or other authority before whom the perjury was committed or was to have been committed or the form of the oath or affirmation or the manner of administering the same.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17287 ;-- CL 1948, 767.73
Former Law:
See section 3 of Act 77 of 1855, being CL 1857, § 6049; CL 1871, § 7918; How., § 9529; CL 1897, § 11914; and CL 1915, § 15741.
2023 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 767.74 - Indictment; Motion to Quash; Dilatory Plea; Proof.

767.74 Indictment; motion to quash; dilatory plea; proof.
Sec. 74.
No motion to quash, plea in abatement or other dilatory plea to the indictment, shall be received by any court unless the party offering such plea shall prove the truth thereof by affidavit, or by some other sworn evidence.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17288 ;-- CL 1948, 767.74
Former Law:
See section 33 of Ch. 164 of R.S. 1846, being CL 1857, § 6042; CL 1871, § 7911; How., § 9522; CL 1897, § 11907; and CL 1915, § 15734.
2023 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 767.75 - Indictment; Certain Defects; Quashing Not Allowed; Remedy.

767.75 Indictment; certain defects; quashing not allowed; remedy.
Sec. 75.
No indictment shall be quashed, set aside or dismissed for any 1 or more of the following defects: (First) That there is a misjoinder of the parties accused; (Second) That there is a misjoinder of the offenses charged in the indictment, or duplicity therein; (Third) That any uncertainty exists therein. If the court be of the opinion that the first and second defects or either of them exist in any indictment, it may sever such indictment into separate indictments or informations or into separate counts as shall be proper. If the court be of the opinion that the third defect exists in any indictment, it may order that the indictment be amended to cure such defect.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17289 ;-- CL 1948, 767.75
Former Law:
See section 3 of Act 138 of 1859, being CL 1871, § 7939; How., § 9550; CL 1897, § 11935; and CL 1915, § 15762.
2023 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 767.76 - Indictment; Time of Objection to Defect; Amendment; Discharge of Jury; Continuance of Cause; Double Jeopardy; Review of Action by Court.

767.76 Indictment; time of objection to defect; amendment; discharge of jury; continuance of cause; double jeopardy; review of action by court.
Sec. 76.
No indictment shall be quashed, set aside or dismissed or motion to quash be sustained or any motion for delay of sentence for the purpose of review be granted, nor shall any conviction be set aside or reversed on account of any defect in form or substance of the indictment, unless the objection to such indictment, specifically stating the defect claimed, be made prior to the commencement of the trial or at such time thereafter as the court shall in its discretion permit. The court may at any time before, during or after the trial amend the indictment in respect to any defect, imperfection or omission in form or substance or of any variance with the evidence. If any amendment be made to the substance of the indictment or to cure a variance between the indictment and the proof, the accused shall on his motion be entitled to a discharge of the jury, if a jury has been impaneled and to a reasonable continuance of the cause unless it shall clearly appear from the whole proceedings that he has not been misled or prejudiced by the defect or variance in respect to which the amendment is made or that his rights will be fully protected by proceeding with the trial or by a postponement thereof to a later day with the same or another jury. In case a jury shall be discharged from further consideration of a case under this section, the accused shall not be deemed to have been in jeopardy. No action of the court in refusing a continuance or postponement under this section shall be reviewable except after motion to and refusal by the trial court to grant a new trial therefor and no writ of error or other appeal based upon such action of the court shall be sustained, nor reversal had, unless from consideration of the whole proceedings, the reviewing court shall find that the accused was prejudiced in his defense or that a failure of justice resulted.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17290 ;-- CL 1948, 767.76
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 sections 9, 11, 12, and 14 of Act 77 of 1855, being CL 1857, §§ 6055, 6057, 6058, and 6060; CL 1871, §§ 7924, 7926, 7927, and 7929; How., §§ 9535, 9537, 9538, and 9540; CL 1897, §§ 11920, 11922, 11923, and 11925; CL 1915, §§ 15747, 15749, 15750, and 15752.
2023 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 767.77 - Commission to Examine Out-of-State Witness; Granting on Application of Defendant.

767.77 Commission to examine out-of-state witness; granting on application of defendant.
Sec. 77.
When an issue of fact shall be joined upon any indictment, the court in which the same is pending may, on application of the defendant, grant a commission to examine any material witnesses residing out of this state, in the same manner as in civil cases.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17291 ;-- CL 1948, 767.77
Former Law:
See section 35 of Ch. 164 of R.S. 1846, being CL 1857, § 6044; CL 1871, § 7913; How., § 9524; CL 1897, § 11909; and CL 1915, § 15736.
2023 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 767.78 - Commission to Examine Out-of-State Witness; Interrogatories; Reading of Deposition.

767.78 Commission to examine out-of-state witness; interrogatories; reading of deposition.
Sec. 78.
Interrogatories to be annexed to such commission shall be settled and such commission shall be issued, executed and returned in the manner prescribed by law in respect to commissions in civil cases, and the deposition taken thereon and returned shall be read in the same cases, and with like effect in all respects, as in civil suits.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17292 ;-- CL 1948, 767.78
Former Law:
See section 36 of Ch. 164 of R.S. 1846, being CL 1857, § 6045; CL 1871, § 7914; How., § 9525; CL 1897, § 11910; and CL 1915, § 15737.
2023 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 767.79 - Conditional Examination of Witness for Defendant; Order; Notice to Prosecutor.

767.79 Conditional examination of witness for defendant; order; notice to prosecutor.
Sec. 79.
After an indictment shall be found against any defendant, he may have witnesses examined in his behalf conditionally on the order of a judge of the court in which the indictment is pending, in the same cases upon the like notice to the prosecuting attorney, and with like effect in all respects as in civil suits.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17293 ;-- CL 1948, 767.79
Former Law:
See section 37 of Ch. 164 of R.S. 1846, being CL 1857, § 6046; CL 1871, § 7915; How., § 9526; CL 1897, § 11911; and CL 1915, § 15738.
2023 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 767.80, 767.81 - Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970.

767.80, 767.81 Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970.
Compiler's Notes:
The repealed sections pertained to residents of this state being required to attend as a witness in a criminal action in another state and bringing out-of-state witnesses into Michigan.
2023 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 767.82 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.

767.82 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Compiler's Notes:
The repealed section pertained to charge of taking indecent liberties in indictment for rape or attempted rape.
2023 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 767.83 - Indictment Involving Intent to Defraud; Sufficiency of Allegations and Proof.

767.83 Indictment involving intent to defraud; sufficiency of allegations and proof.
Sec. 83.
In any prosecution where an intent to defraud is required to constitute the offense, it shall be sufficient to allege in the indictment an intent to defraud without naming therein the particular person or body corporate intended to be defrauded; and on the trial of such indictment, it shall be deemed sufficient, and shall not be deemed a variance, if there appear to be an intent to defraud the United States, or any state, county, city or township, or any body corporate, or any public officer in his official capacity, or any copartnership or member thereof, or any particular person.
History:
Add. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 767.83
2023 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 767.91 - Out of State Witnesses; Attendance; Definitions.

767.91 Out of state witnesses; attendance; definitions.
Sec. 91.
As used in sections 91 to 95 of this chapter:
(a) "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
(b) "State" includes any territory of the United States and the District of Columbia.
(c) "Summons" includes a subpoena, order or other notice requiring the appearance of a witness.
History:
Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
2023 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 767.92 - Attendance in Another State; Hearing; Summons; Custody; Fee.

767.92 Attendance in another state; hearing; summons; custody; fee.
Sec. 92.
(1) A judge of a court of record in a state which by law has provided for commanding persons within that state to attend and testify in this state may certify under seal of his court that for purposes of a criminal prosecution in his court or a grand jury investigation in his state, a person in this state is required as a material witness for a specified number of days.
(2) Upon presentation of a certificate issued pursuant to subsection (1) to a judge of a court of record in a county where such witness is found, the judge shall fix a time and place for a hearing and make an order directing the witness to appear at the hearing. At such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(3) The judge shall issue a summons with a copy of the certificate attached directing the witness to attend and testify in the court where the criminal prosecution is pending or a grand jury is investigating if he determines at the hearing that:
(a) The witness is material and necessary to the prosecution or investigation.
(b) The attendance and testifying in the prosecution or investigation will not cause undue hardship to the witness.
(c) The laws of the state where the prosecution or investigation is being held and the laws of any other state through which the witness may be required to pass by ordinary course of travel protect the witness from arrest and service of civil or criminal process.
(4) If a certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may direct that the witness be forthwith brought before him for a hearing without notice. If the judge at the hearing is satisfied of the desirability of custody and delivery, for which determination the certificate shall be prima facie proof of desirability, he may order that the witness be forthwith taken into custody and delivered to an officer of the requesting state without issuing a summons.
(5) If a witness, who is summoned pursuant to this section and is paid by an authorized person the sum of 10 cents for each mile of the ordinary traveled route to and from the court where such prosecution or investigation is being held and $5.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
History:
Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
2023 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 767.93 - Attendance From Without the State; Certificate; Fee.

767.93 Attendance from without the state; certificate; fee.
Sec. 93.
(1) If a person in a state, which by law provides for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(2) If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10 cents for each mile of the ordinary traveled route to and from the court where the prosecution or investigation is being held and $5.00 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state longer than the period stated in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
History:
Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
2023 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 767.94 - Immunity of Witness.

767.94 Immunity of witness.
Sec. 94.
(1) If a person comes into this state in obedience to a summons which is issued pursuant to section 93 he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under the summons.
(2) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under the summons.
History:
Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
2023 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 767.94a - Disclosure of Certain Material or Information by Defendant to Prosecuting Attorney; Compliance; Motion for Good Cause.

767.94a Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause.
Sec. 94a.
(1) A defendant or his or her attorney shall disclose to the prosecuting attorney upon request the following material or information within the possession or control of the defendant or his or her attorney:
(a) The name and last known address of each witness other than the defendant whom the defendant intends to call at trial provided the witness is not listed by the prosecuting attorney.
(b) The nature of any defense the defendant intends to establish at trial by expert testimony.
(c) Any report or statement by an expert concerning a mental or physical examination, or any other test, experiment, or comparison that the defendant intends to offer in evidence, or that was prepared by a person, other than the defendant, whom the defendant intends to call as a witness, if the report or statement relates to the testimony to be offered by the witness.
(d) Any book, paper, document, photograph, or tangible object that the defendant intends to offer in evidence or that relates to the testimony of a witness, other than the defendant, whom the defendant intends to call.
(2) The defendant or his or her attorney shall comply with the disclosure provisions of subsection (1) not later than 10 days before trial or at any other time as the court directs.
(3) A defendant shall not offer at trial any evidence required to be disclosed pursuant to subsection (1) that was not disclosed unless permitted by the court upon motion for good cause shown. A motion under this subsection may be made before or during trial.
History:
Add. 1994, Act 113, Eff. Oct. 1, 1994
Compiler's Notes:
On November 16, 1994, the Michigan Supreme Court entered Administrative Order No. 1994-10, which provides as follows:“On May 4, 1994, the Governor signed House Bill 4227, concerning discovery by the prosecution of certain information known to the defendant in a criminal case. 1994 PA 113, MCL 767.94a; MSA 28.1023(194a). On November 16, 1994, this Court promulgated MCR 6.201, which is a comprehensive treatment of the subject of discovery in criminal cases.“On order of the Court, effective January 1, 1995, discovery in criminal cases heard in the courts of this state is governed by MCR 6.201 and not by MCL 767.94a; MSA 28.1023(194a). Const 1963, art 6, § 5; MCR 1.104.”
2023 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 767.95 - Short Title; Uniformity.

767.95 Short title; uniformity.
Sec. 95.
Sections 91 to 95 constitute the uniform act to secure the attendance of witnesses from without a state in criminal proceedings and shall be so interpreted and construed as to effectuate their general purposes to make uniform the law of the states which enact them.
History:
Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
2023 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 767.96 - Costs of Grand Jury.

767.96 Costs of grand jury.
Sec. 96.
(1) Except as otherwise provided by law, the costs of a grand jury convened under section 7c(a) shall be borne by this state, and shall be paid from the general fund of this state.
(2) Except as otherwise provided by law, the costs of a grand jury convened under section 7c(b) shall be borne equally by each county over which the grand jury has jurisdiction, and shall be paid by those counties.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.1 - “Prosecuting Attorney” Defined.

767A.1 “Prosecuting attorney” defined.
Sec. 1.
As used in this chapter, "prosecuting attorney" means the attorney general or the prosecuting attorney for a county, or his or her designee.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.2 - Investigative Subpoenas; Petition for Authorization; Contents; Filing; Application for Immunity; Confidentiality of Application; Exemption From Disclosure.

767A.2 Investigative subpoenas; petition for authorization; contents; filing; application for immunity; confidentiality of application; exemption from disclosure.
Sec. 2.
(1) A prosecuting attorney may petition the district court, the circuit court, or the recorder's court in writing for authorization to issue 1 or more subpoenas to investigate the commission of a felony as provided in this chapter.
(2) A petition for authorization to issue 1 or more investigative subpoenas under subsection (1) shall contain all of the following:
(a) A brief description of each felony being investigated.
(b) The name of each person who will be questioned or who will be required to produce material described under subdivision (c).
(c) A general description of any records, documents, or physical evidence to be examined.
(d) A brief statement of the facts establishing the basis for the prosecuting attorney's belief that the testimony of the person or examination of the records, documents, or physical evidence is relevant to the investigation of a felony described in the petition.
(3) The petition for authorization to issue 1 or more investigative subpoenas may be filed by the prosecuting attorney with any of the following:
(a) The circuit court of the judicial circuit in which the felony or a portion of the felony is alleged to have been committed or of any judicial circuit in which the prosecuting attorney lawfully maintains an office.
(b) The recorder's court if the felony or a portion of the felony is alleged to have been committed in the city of Detroit or if the prosecuting attorney lawfully maintains an office in the city of Detroit.
(c) The district court of the judicial district in which the felony or a portion of the felony is alleged to have been committed or of any judicial district in which the prosecuting attorney lawfully maintains an office.
(4) A prosecuting attorney may file an application for immunity under section 7 at the time he or she files a petition for authorization to issue 1 or more investigative subpoenas under this section.
(5) An application under this section is confidential and shall not be available for public inspection or copying or divulged to any person except as otherwise provided in this chapter. An application under this section is exempt for disclosure under the freedom of information act, Act No. 422 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.3 - Investigative Subpoenas; Issuance; Circumstances; Contents and Scope of Order; Additional Subpoenas; Supplemental Petitions; Filing.

767A.3 Investigative subpoenas; issuance; circumstances; contents and scope of order; additional subpoenas; supplemental petitions; filing.
Sec. 3.
(1) A judge may authorize a prosecuting attorney in writing to issue 1 or more investigative subpoenas under this chapter if all of the following circumstances exist:
(a) A petition is properly filed under section 2.
(b) The judge determines there is reasonable cause to believe a felony has been committed.
(c) The judge determines there is reasonable cause to believe that either of the following circumstances exists:
(i) The person who is the subject of the investigative subpoena may have knowledge regarding the commission of the felony.
(ii) The records, documents, or physical evidence are relevant to investigate the commission of a felony described in the petition.
(2) An order issued by the judge authorizing a prosecuting attorney to issue 1 or more investigative subpoenas under this chapter shall contain all of the following:
(a) A statement identifying each felony to be investigated.
(b) A statement listing each person to whom an investigative subpoena may be issued.
(c) A statement listing the records, documents, or physical evidence subject to production under an investigative subpoena. The statement shall describe the records, documents, or physical evidence with sufficient definiteness to permit those records, documents, or physical evidence to be fairly identified.
(3) A prosecuting attorney may issue investigative subpoenas to the extent authorized by the judge in the authorization order.
(4) If additional investigative subpoenas are required to conduct the investigation, the prosecuting attorney may file 1 or more supplemental petitions with the judge who issued the authorization to conduct the investigation requesting those additional investigative subpoenas. A supplemental petition under this subsection may incorporate the original petition for an investigative subpoena by reference. The petition shall be filed in the same manner that an original petition is filed under section 2.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.4 - Investigative Subpoenas; Contents; Service of Process.

767A.4 Investigative subpoenas; contents; service of process.
Sec. 4.
(1) An investigative subpoena issued by a prosecuting attorney under this chapter shall contain all of the following information:
(a) The name of the person to whom it is directed and his or her address, if known. If the name of the person is not known, the investigative subpoena shall give a general description sufficient to identify the person.
(b) The time and place for taking the person's testimony or for the person to produce the required documents or physical evidence.
(c) A statement that the investigative subpoena is issued pursuant to this section.
(d) A statement identifying the criminal activity being investigated.
(e) A statement describing the records, documents, or physical evidence to be produced. The statement shall describe the records, documents, or physical evidence with sufficient definiteness to permit those records, documents, or physical evidence to be fairly identified.
(f) A statement that the person may object to the investigative subpoena or file reasons for not complying with the investigative subpoena by filing a written statement of objection or noncompliance with the prosecuting attorney on or before the date scheduled for the questioning or the production of the records, documents, or physical evidence. A statement under this subdivision shall also inform the person that the prosecuting attorney may seek an order compelling compliance with the investigative subpoena as provided in this chapter.
(g) A statement that the person may have legal counsel present at all times he or she is being questioned and during the examination of any records, documents, or physical evidence that he or she is required to produce.
(2) The court rules that apply to service of process in civil actions apply to service of investigative subpoenas under this chapter. However, an investigative subpoena shall be served not less than 7 days before the date set for the taking of testimony or examination of records, documents, or physical evidence unless the judge who issued the authorization for that investigative subpoena has shortened that period of time for good cause shown.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.7 - Order Granting Immunity.

767A.7 Order granting immunity.
Sec. 7.
(1) The prosecuting attorney may apply to the court for an order granting immunity to any person, designated by name and address in the application, whom the prosecuting attorney intends to require to give testimony concerning any matter investigated under this chapter. The application shall be accompanied by the prosecuting attorney's verified petition setting forth the facts upon which the application is based. If the judge determines it is in the interest of justice to grant immunity, the judge shall enter an order granting immunity to the person if the person appears before the prosecuting attorney and testifies under oath concerning the felony set forth in the petition of the prosecuting attorney. The order granting immunity shall extend to all related questions asked of the person.
(2) The prosecuting attorney shall provide the person with a true copy of the order issued under subsection (1) before the prosecuting attorney asks the person any questions. No testimony or other information compelled under the order, or any information directly or indirectly derived from that testimony or other information, may be used against the person in any criminal case, except for impeachment purposes, in a prosecution for perjury, or for otherwise failing to comply with the order granting immunity.
(3) An order issued under this section that grants immunity to a person continues in effect until the judge or his or her successor, in his or her discretion and upon application by the prosecuting attorney, enters an order terminating the order granting immunity and the prosecuting attorney notifies the witness of the order of termination.
(4) Any person granted immunity under this section may have legal counsel present at all times at which he or she is being questioned concerning any matter included within the order granting immunity.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.8 - Confidentiality of Certain Material and Information.

767A.8 Confidentiality of certain material and information.
Sec. 8.
Petitions for immunity, orders of immunity, transcripts of testimony delivered to witnesses pursuant to grants of immunity, and records, documents, and physical evidence obtained by the prosecuting attorney pursuant to an investigation under this chapter are confidential and shall not be available for public inspection or copying or divulged to any person except as otherwise provided in this chapter. Material and information obtained under this act are exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIIA - Chapter Viia (767a.1...767a.9) › Section 767A.9 - Knowingly Making False Statement as Perjury; Penalty; Neglect or Refusal to Comply With Subpoena as Contempt; Determination That Witness Has Purged Himself or Herself of Contempt; Commutation of Sentence.

767A.9 Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or herself of contempt; commutation of sentence.
Sec. 9.
(1) A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 15 years.
(b) If the false statement was made during the investigation of a crime punishable by imprisonment for life, by imprisonment for life or for any term of years.
(2) A person who neglects or refuses to comply with an investigative subpoena in violation of a court order is guilty of contempt punishable by imprisonment for not more than 1 year or by a fine of not more than $10,000.00, or both. If the witness appears before the court to purge himself or herself of that contempt, he or she shall be allowed to appear before the prosecuting attorney to answer any proper question concerning the matter under investigation, and after the witness appears before the prosecuting attorney, upon transcript of the testimony, the witness shall be brought before the court and after examination, the court shall determine whether the witness has purged himself or herself of the contempt. The court shall commute the sentence if the court finds the witness has purged himself or herself of that contempt.
History:
Add. 1995, Act 148, Eff. Oct. 1, 1995
2023 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-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.1 - Speedy Trial; Right of Parties; Duty of Public Officers.

768.1 Speedy trial; right of parties; duty of public officers.
Sec. 1.
The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions and it is hereby made the duty of all public officers having duties to perform in any criminal case, to bring such case to a final determination without delay except as may be necessary to secure to the accused a fair and impartial trial.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17294 ;-- CL 1948, 768.1
2023 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-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.2 - Criminal Cases; Precedence; Adjournment; Continuance.

768.2 Criminal cases; precedence; adjournment; continuance.
Sec. 2.
The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of civil cases shall not be interspersed between trials of criminal cases triable before a jury at any term of court. No adjournments, continuances or delays of criminal causes shall be granted by any court except for good cause shown in the manner provided by law for adjournments, continuances and delays in the trial of civil causes in courts of record: Provided, That no court shall adjourn, continue or delay the trial of any criminal cause by the consent of the prosecution and accused unless in his discretion it shall clearly appear by a sufficient showing to said court to be entered upon the record, that the reasons for such consent are founded upon strict necessity and that the trial of said cause cannot be then had without a manifest injustice being done.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17295 ;-- CL 1948, 768.2
2023 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-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.3 - Person Indicted; Presence at Trial.

768.3 Person indicted; presence at trial.
Sec. 3.
No person indicted for a felony shall be tried unless personally present during the trial; persons indicted or complained against for misdemeanors may, at their own request, through an attorney, duly authorized for that purpose, by leave of the court, be put on trial in their absence.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17296 ;-- CL 1948, 768.3
Former Law:
See section 9 of Ch. 165 of R.S. 1846, being CL 1857, § 6076; CL 1871, § 7955; How., § 9568; CL 1897, § 11951; and CL 1915, § 15824.
2023 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-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.4 - Proof of Felony at Trial for Misdemeanor; Effect.

768.4 Proof of felony at trial for misdemeanor; effect.
Sec. 4.
If, upon the trial of any person for a misdemeanor, the facts given in evidence amount in law to a felony, he shall not by reason thereof, be entitled to an acquittal of such misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony on the same facts, unless the court before which the trial shall be had, shall discharge the jury from giving any verdict upon such trial, and shall direct such person to be indicted for felony.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17297 ;-- CL 1948, 768.4
Former Law:
See section 4 of Act 77 of 1855, being CL 1857, § 6050; CL 1871, § 7919; How., § 9530; CL 1897, § 11915; and CL 1915, § 15742.
2023 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-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.5 - Defendants Jointly Indicted; Separation of Trials.

768.5 Defendants jointly indicted; separation of trials.
Sec. 5.
When 2 or more defendants shall be jointly indicted for any criminal offense, they shall be tried separately or jointly, in the discretion of the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17298 ;-- CL 1948, 768.5
Former Law:
See section 14 of Ch. 165 of R.S. 1846, being CL 1857, § 6081; CL 1871, § 7960; How., § 9573; CL 1897, § 11956; and CL 1915, § 15829.