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 767.34 - Witness; Issuance of Capias.

767.34 Witness; issuance of capias.
Sec. 34.
Any circuit court or any court of record shall have power to issue capiases, in the first instance, for any witness or witnesses in criminal cases, when it shall satisfactorily appear that such witness or witnesses are material and that there will be danger of the loss of their testimony unless such writ be issued.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17248 ;-- CL 1948, 767.34
Former Law:
See section 1 of Act 209 of 1871, being CL 1871, § 7961; How., § 9574; CL 1897, § 11958; and CL 1915, § 15831.
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 767.35 - Material Witness in Criminal Case; Danger of Loss of Testimony; Requiring Witness to Enter Into Recognizance With Surety; Commitment to Jail.

767.35 Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail.
Sec. 35.
When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he or she fails to furnish bail, the court shall require the witness to be brought before the court. After giving the witness an opportunity to be heard, if it appears that the witness is a material witness and that there is a danger of the loss of his or her testimony unless the witness furnishes bail or is committed, the court may require the witness to enter into a recognizance with a surety in an amount determined by the court for the appearance of the witness at an examination or trial. If the witness fails to recognize, he or she shall be committed to jail by the court, until he or she does recognize or is discharged by order of the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17249 ;-- CL 1948, 767.35 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See sections 19, 20, and 22 of Ch. 163 of R.S. 1846, being CL 1857, §§ 5995, 5996, and 5998; CL 1871, §§ 7861, 7862, and 7864; How., §§ 9472, 9473, and 9475; CL 1897, §§ 11856, 11857, and 11859; CL 1915, §§ 15683, 15684, and 15686; and Act 77 of 1871.
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 767.36 - Witness; Subpoena by Prosecution; Necessity of Fee.

767.36 Witness; subpoena by prosecution; necessity of fee.
Sec. 36.
It shall not be necessary to pay or tender any fees whatever to any witness subpoenaed on the part of the people of this state in support of any prosecution, but such witness shall be bound to attend as if the fees allowed by law to witnesses in civil actions had been duly paid to him.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17250 ;-- CL 1948, 767.36
Former Law:
See section 28 of Ch. 163 of R.S. 1846, being CL 1857, § 6037; CL 1871, § 7906; How., § 9517; CL 1897, § 11902; and CL 1915, § 15729.
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 767.37 - Indictee; Plea on Arraignment.

767.37 Indictee; plea on arraignment.
Sec. 37.
When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be tried but if, on being so arraigned, he shall refuse to plead or answer or shall not confess the indictment to be true, the court shall order a plea of not guilty to be entered and thereupon the proceedings shall be the same as if he had pleaded not guilty to the indictment. At the arraignment of any person upon an indictment or upon the charge in a warrant, complaint or information the court may accept a plea of nolo contendere and if such a plea is accepted, the court shall proceed as if he had pleaded guilty.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17251 ;-- CL 1948, 767.37 ;-- Am. 1969, Act 334, Imd. Eff. Nov. 10, 1969
Former Law:
See section 29 of Ch. 163 of R.S. 1846, being CL 1857, § 6038; CL 1871, § 7907; How., § 9518; CL 1897, § 11903; and CL 1915, § 15730.
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 767.37a - Arraignments; Use of 2-Way Interactive Video Technology; Access to Courtroom; Court Record.

767.37a Arraignments; use of 2-way interactive video technology; access to courtroom; court record.
Sec. 37a.
(1) A judge or district court magistrate may conduct initial criminal arraignments and set bail by 2-way interactive video technology communication between a court facility and a prison, jail, or other place where a person is imprisoned or detained. A judge or district court magistrate may conduct initial criminal arraignments and set bail on weekends, holidays, or at any time as determined by the court.
(2) A 2-way interactive video technology system used under this section shall enable the accused and the judge or district court magistrate to see, hear, and communicate with each other simultaneously, and shall enable defense counsel and the prosecuting attorney, if present, to be heard by and to communicate simultaneously with the accused, the judge or district court magistrate, and opposing counsel.
(3) Except as otherwise provided by law, the public shall have access to the courtroom or other location, that allows them to view and hear the proceedings.
(4) If proceedings conducted under this section are not recorded by an individual certified by the state court administrative office, the court shall record and maintain an original audiovisual recording of the entire proceedings. A recording made under this subsection shall become part of the court record.
(5) This act does not prohibit the use of 2-way interactive video technology for arraignments on the information, criminal pretrial hearings, criminal pleas, sentencing hearings for misdemeanor violations cognizable in the district court, show cause hearings, or other criminal proceedings, to the extent the Michigan supreme court has authorized that use.
History:
Add. 1994, Act 229, Imd. Eff. June 30, 1994 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
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 767.38 - Indictee; Right to Trial or Admission to Bail.

767.38 Indictee; right to trial or admission to bail.
Sec. 38.
Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of 6 months from the time when he was imprisoned, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of the court that the witnesses on behalf of the people have been enticed or kept away, or are detained and prevented from attending court by sickness, or some inevitable accident.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17252 ;-- CL 1948, 767.38
Former Law:
See section 30 of Ch. 163 of R.S. 1846, being CL 1857, § 6039; CL 1871, § 7908; How., § 9519; CL 1897, § 11904; and CL 1915, § 15731.
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 767.39 - Abolition of Distinction Between Accessory and Principal.

767.39 Abolition of distinction between accessory and principal.
Sec. 39.
Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17253 ;-- CL 1948, 767.39
Former Law:
See sections 3 and 5 of Ch. 161 of R.S. 1846, being CL 1857, §§ 5939 and 5941; CL 1871, §§ 7805 and 7807; How., §§ 9415 and 9417; CL 1897, §§ 11776 and 11778; CL 1915, §§ 15603 and 15605; and section 19 of Act 77 of 1855, being CL 1857, § 6065; CL 1871, § 7934; How., § 9545; CL 1897, § 11930; 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 767.40 - Information; Filing; Subscription.

767.40 Information; filing; subscription.
Sec. 40.
All informations shall be filed in the court having jurisdiction of the offense specified in the information after the proper return is filed by the examining magistrate and by the prosecuting attorney of the county as informant. The information shall be subscribed by the prosecuting attorney or in his or her name by an assistant prosecuting attorney.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17254 ;-- CL 1948, 767.40 ;-- Am. 1955, Act 184, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 11, Eff. Sept. 8, 1961 ;-- Am. 1986, Act 46, Eff. July 1, 1986
Former Law:
See sections 2 and 3 of Act 138 of 1859, being CL 1871, §§ 7938 and 7939; How., §§ 9549 and 9550; CL 1897, §§ 11934 and 11935; and CL 1915, §§ 15761 and 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 767.40a - Attaching List of Witnesses to Filed Information; Disclosing Names of Res Gestae Witnesses; Sending List to Defendant or Defendant's Attorney; Additions or Deletions From List; Request for Assistance in Locating and Serving Process on Witness; Objection to Request; Hearing; Impeachment or Cross-Examination of Witness.

767.40a Attaching list of witnesses to filed information; disclosing names of res gestae witnesses; sending list to defendant or defendant's attorney; additions or deletions from list; request for assistance in locating and serving process on witness; objection to request; hearing; impeachment or cross-examination of witness.
Sec. 40a.
(1) The prosecuting attorney shall attach to the filed information a list of all witnesses known to the prosecuting attorney who might be called at trial and all res gestae witnesses known to the prosecuting attorney or investigating law enforcement officers.
(2) The prosecuting attorney shall be under a continuing duty to disclose the names of any further res gestae witnesses as they become known.
(3) Not less than 30 days before the trial, the prosecuting attorney shall send to the defendant or his or her attorney a list of the witnesses the prosecuting attorney intends to produce at trial.
(4) The prosecuting attorney may add or delete from the list of witnesses he or she intends to call at trial at any time upon leave of the court and for good cause shown or by stipulation of the parties.
(5) The prosecuting attorney or investigative law enforcement agency shall provide to the defendant, or defense counsel, upon request, reasonable assistance, including investigative assistance, as may be necessary to locate and serve process upon a witness. The request for assistance shall be made in writing by defendant or defense counsel not less than 10 days before the trial of the case or at such other time as the court directs. If the prosecuting attorney objects to a request by the defendant on the grounds that it is unreasonable, the prosecuting attorney shall file a pretrial motion before the court to hold a hearing to determine the reasonableness of the request.
(6) Any party may within the discretion of the court impeach or cross-examine any witnesses as though the witness had been called by another party.
History:
Add. 1941, Act 336, Eff. Jan. 10, 1942 ;-- CL 1948, 767.40a ;-- Am. 1986, Act 46, Eff. July 1, 1986
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 767.41 - Inquiry by Prosecuting Attorney Into Preliminary Examination; Statement of Reasons for Not Filing Information; Direction by Court to File Proper Information.

767.41 Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information.
Sec. 41.
The prosecuting attorney of the proper county shall inquire into and make full examination of all the facts and circumstances connected with a case of preliminary examination as provided by law, concerning the commission of an offense where the offender is committed to jail or becomes recognized or held to bail. If the prosecuting attorney determines in a case other than a major controlled substance offense that an information ought not be filed, he shall make and subscribe a statement, in writing, containing his reasons in fact and in law, for not filing an information in the case and shall file that statement with the clerk of the court at and during the term of the court at which the offender is held for appearance. The court may examine the statement, together with the evidence filed in the case and if, upon examination, the court is not satisfied with the statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17255 ;-- CL 1948, 767.41 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978
Former Law:
See section 6 of Act 138 of 1859, being CL 1871, § 7942; How., § 9553; CL 1897, § 11938; CL 1915, § 15765; and Act 147 of 1863.
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 767.42 - 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.
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 767.43 - 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
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 767.44 - 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.
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 767.45 - 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.
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 767.46 - 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
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 767.47 - 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.
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 767.48 - 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
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 767.49 - 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.
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 767.50 - 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.
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 767.51 - 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.
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 767.52 - 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
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 767.53 - 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.
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 767.54 - 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.
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 767.55 - 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
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 767.56 - 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
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 767.57 - 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.
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 767.58 - 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.
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 767.59 - 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.
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 767.60 - Indictment; Allegations in Embezzlement, Larceny and False Pretense Cases.

767.60 Indictment; allegations in embezzlement, larceny and false pretense cases.
Sec. 60.
In any prosecution for the offenses of embezzlement, larceny, larceny by conversion, or obtaining money or property by false pretenses under the statutes of this state, it shall be sufficient to allege generally in the information or indictment the embezzlement, larceny, larceny by conversion or obtaining by false pretenses of personal property to a certain amount without specifying the particulars of such embezzlement, larceny, larceny by conversion or obtaining by false pretenses, and on the trial evidence may be given of any such embezzlement, larceny, larceny by conversion or obtaining money or property by false pretenses within 6 months next after the time stated in the information or indictment, and it shall be sufficient to maintain the charge in the information or indictment and shall not be deemed at variance if it shall be proved that any personal property was fraudulently embezzled, stolen or obtained by false pretenses within the said period of 6 months.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17274 ;-- CL 1948, 767.60
Former Law:
See section 9 of Ch. 161 of R.S. 1846, being CL 1857, § 5945; CL 1871, § 7811; How., § 9421; CL 1897, § 11782; CL 1915, § 15609; and Act 39 of 1927.
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 767.61 - Indictment; Description of Money, Bonds, Mortgage and Similar Instrument in Offense Relating Thereto.

767.61 Indictment; description of money, bonds, mortgage and similar instrument in offense relating thereto.
Sec. 61.
In an indictment for larceny, larceny by conversion, embezzlement, robbery, obtaining money by false pretenses, receiving stolen property or for any other criminal conversion or misappropriation where the offense relates to money or currency, it shall be sufficient to describe the same under the terms "money", "currency", or "dollars" without specifying the particular character, number, denomination, kind, species, nature or value thereof. Where such indictment relates to promissory notes, certificates of stock, bonds, bills of lading, mortgages or any other negotiable or non-negotiable instruments, or securities or evidence of debt or property, it is sufficient to designate the same by general description without specifying the particular number or denomination thereof.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17275 ;-- CL 1948, 767.61
Former Law:
See section 15 of Act 77 of 1855, being CL 1857, § 6061; CL 1871, § 7930; How., § 9541; CL 1897, § 11926; and CL 1915, § 15753.
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 767.61a - Indictment; Offense Committed by Sexually Delinquent Person; Prosecution; Expert Testimony Provided; Examination of Witnesses; Testimony in Open Court; Record; Punishment.

767.61a Indictment; offense committed by sexually delinquent person; prosecution; expert testimony provided; examination of witnesses; testimony in open court; record; punishment.
Sec. 61a.
In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life, the indictment shall charge the offense and may also charge that the defendant was, at the time said offense was committed, a sexually delinquent person. In every such prosecution the people may produce expert testimony and the court shall provide expert testimony for any indigent accused at his request. In the event the accused shall plead guilty to both charges in such indictment, the court in addition to the investigation provided for in section 35 of chapter 8 of this act, and before sentencing the accused, shall conduct an examination of witnesses relative to the sexual delinquency of such person and may call on psychiatric and expert testimony. All testimony taken at such examination shall be taken in open court and a typewritten transcript or copy thereof, certified by the court reporter taking the same, shall be placed in the file of the case in the office of the county clerk. Upon a verdict of guilty to the first charge or to both charges or upon a plea of guilty to the first charge or to both charges the court may impose any punishment provided by law for such offense.
History:
Add. 1952, Act 234, Eff. Sept. 18, 1952
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 767.62 - Place of Indictment, Trial and Conviction; Receiver of Stolen Property.

767.62 Place of indictment, trial and conviction; receiver of stolen property.
Sec. 62.
In the cases where any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted, tried and convicted in any county where he received or had such property, notwithstanding such theft was committed in another county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17276 ;-- CL 1948, 767.62
Former Law:
See section 31 of Ch. 164 of R.S. 1846, being CL 1857, § 6040; CL 1871, § 7909; How., § 9520; CL 1897, § 11905; and CL 1915, § 15732.
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 767.63 - Place of Indictment; Removal of Stolen Property From Another County.

767.63 Place of indictment; removal of stolen property from another county.
Sec. 63.
When any property shall be stolen in 1 county and brought into another, the offender may be indicted, tried and convicted in the county into which such stolen property was brought, in the same manner as if such property had been originally stolen in that county; and when such property shall have been taken by burglary or robbery the offender may be indicted, tried and convicted of said burglary or robbery, in the county into which such property was brought in the same manner as if such burglary or robbery had been committed in that county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17277 ;-- CL 1948, 767.63
Former Law:
See section 32 of Ch. 164 of R.S. 1846, being CL 1857, § 6041; CL 1871, § 7910; How., § 9521; CL 1897, § 11906; and CL 1915, § 15733.
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 767.64 - Place and Manner of Indictment, Conviction and Punishment; Removing Stolen Property From Another State or Country; Prior Conviction or Acquittal.

767.64 Place and manner of indictment, conviction and punishment; removing stolen property from another state or country; prior conviction or acquittal.
Sec. 64.
Every person who shall feloniously steal the property of another, in any other state or country, and shall bring the same into this state, may be indicted, convicted and punished in the same manner as if such larceny had been committed in this state; and in every such case such larceny may be charged to have been committed in any town or city into or through which such stolen property shall have been brought: Provided, That every such person may plead a former conviction or acquittal for the same offense in another state or country; and if such plea be admitted or established, it shall be a bar to any further or other proceedings against such person for the same offense.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17278 ;-- CL 1948, 767.64
Former Law:
See section 1 of Act 119 of 1850, being CL 1857, § 5797; CL 1871, § 7606; How., § 9177; CL 1897, § 11592; and CL 1915, § 15347.
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 767.65 - Place and Manner of Indictment; Receiver of Property Stolen in Another State or Country.

767.65 Place and manner of indictment; receiver of property stolen in another state or country.
Sec. 65.
Every receiver of personal property that shall have been feloniously stolen, knowing the same to have been stolen, may be indicted, convicted and punished in any county where he received or had such property in the same manner that receivers of personal property stolen in this state are indicted, convicted and punished, notwithstanding such theft was committed in any other state or country.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17279 ;-- CL 1948, 767.65
Former Law:
See section 2 of Act 119 of 1850, being CL 1857, § 5798; CL 1871, § 7607; How., § 9178; CL 1897, § 11593; and CL 1915, § 15348.