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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 767.55 Indictment; allegation of certain matters in the alternative.
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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 …
Mich. Comp. Laws § 767.56 Indictment; allegation of prior conviction.
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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 o…
Mich. Comp. Laws § 767.57 Pleading; statute or statutory right.
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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.
Mich. Comp. Laws § 767.58 Pleading; judgment or proceeding.
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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 determ…
Mich. Comp. Laws § 767.59 Indictment; unnecessary formal words and phrases.
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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 …
Mich. Comp. Laws § 767.5a Disclosing identity of informant; privileged and confidential communications.
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Sec. 5a. (1) a reporter or other person who is involved in the gathering or preparation of news for broadcast or publication shall not be required to disclose the identity of an informant, any unpublished information obtained from an informant, or any unpublished matter or docume…
Mich. Comp. Laws § 767.6 Incriminating answers of witnesses; order granting immunity; use of truthful testimony or other information against witness in criminal case; transcript; applicability of secrecy provisions; scope of order.
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Sec. 6. (1) Upon inquiry, a witness shall not be required to answer any questions or be convicted for contempt upon refusal to do so If the answers might tend to incriminate him or her. (2) Upon written motion by the prosecuting attorney or a duly authorized representative of the…
Mich. Comp. Laws § 767.60 Indictment; allegations in embezzlement, larceny and false pretense cases.
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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,…
Mich. Comp. Laws § 767.61 Indictment; description of money, bonds, mortgage and similar instrument in offense relating thereto.
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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 de…
Mich. Comp. Laws § 767.61a Indictment; offense committed by sexually delinquent person; prosecution; expert testimony provided; examination of witnesses; testimony in open court; record; punishment.
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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 …
Mich. Comp. Laws § 767.62 Place of indictment, trial and conviction; receiver of stolen property.
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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, notwithstandin…
Mich. Comp. Laws § 767.63 Place of indictment; removal of stolen property from another county.
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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…
Mich. Comp. Laws § 767.64 Place and manner of indictment, conviction and punishment; removing stolen property from another state or country; prior conviction or acquittal.
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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 ca…
Mich. Comp. Laws § 767.65 Place and manner of indictment; receiver of property stolen in another state or country.
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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 i…
Mich. Comp. Laws § 767.66 Place and manner of indictment; person aiding and abetting thief who removes stolen property from another state or country.
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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 …
Mich. Comp. Laws § 767.67 Indictment; charging accessory without principal; substantial felony.
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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 …
Mich. Comp. Laws § 767.68 Indictment; charge of jointly receiving or concealing stolen property; conviction of less than all indictees.
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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…
Mich. Comp. Laws § 767.69 Indictment for larceny; additional counts; conviction; election between counts unnecessary.
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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…
Mich. Comp. Laws § 767.6a Docket, journal, transcript and record; seal and file; violation of secrecy; available in connection with appeal, order, receipt; destruction of transcripts, notes and records.
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Sec. 6a. On termination of any such inquiry lasting not more than 30 calendar days the docket, journal, reporters' notes, transcript and other record of such judge in such inquiry shall be sealed and filed with the clerk of the court having jurisdiction; and if lasting more than …
Mich. Comp. Laws § 767.6b Public accounting by judge; time, filing.
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Sec. 6b. Within 90 days after the termination of such inquiry, such judge shall file with the clerk of the court having jurisdiction a public accounting of all monies disbursed by him or disbursed at his direction.
Mich. Comp. Laws § 767.7 Grand jury; summoning, procedure.
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Sec. 7. Grand juries shall not hereafter be drawn, summoned or required to attend at the sittings of any court within this state, as provided by law, unless the judge thereof shall so direct by writing under his hand, and filed with the clerk of said court.
Mich. Comp. Laws § 767.70 Indictment for libel; statement of application to party libelled.
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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…
Mich. Comp. Laws § 767.71 Indictment for murder and manslaughter; charging act.
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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 dece…
Mich. Comp. Laws § 767.72 Indictment for manslaughter; added count for abortion; admissibility of dying declaration under either count.
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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.
Mich. Comp. Laws § 767.73 Indictment; perjury; sufficiency of statement.
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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 cour…
Mich. Comp. Laws § 767.74 Indictment; motion to quash; dilatory plea; proof.
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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.
Mich. Comp. Laws § 767.75 Indictment; certain defects; quashing not allowed; remedy.
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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…
Mich. Comp. Laws § 767.76 Indictment; time of objection to defect; amendment; discharge of jury; continuance of cause; double jeopardy; review of action by court.
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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 indictm…
Mich. Comp. Laws § 767.77 Commission to examine out-of-state witness; granting on application of defendant.
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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.
Mich. Comp. Laws § 767.78 Commission to examine out-of-state witness; interrogatories; reading of deposition.
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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 …
Mich. Comp. Laws § 767.79 Conditional examination of witness for defendant; order; notice to prosecutor.
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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…
Mich. Comp. Laws § 767.7a Grand jurors; term of service; recalling.
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Sec. 7a. Notwithstanding the provisions of section 1343 of Act No. 236 of the Public Acts of 1961, as added, being section 600.1343 of the Compiled Laws of 1948, the term of service of grand jurors shall be 6 months unless extended by specific order of the judge who summoned such…
Mich. Comp. Laws § 767.7b Grand jury; petition by attorney general or county prosecuting attorneys to convene; jurisdiction; contents of petition.
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Sec. 7b. (1) The attorney general may petition the court of appeals of this state to convene a grand jury with jurisdiction over 2 or more counties in this state. (2) Two or more attorneys who are county prosecuting attorneys in this state may, with the approval of the attorney g…
Mich. Comp. Laws § 767.7c Grand jury convened by court of appeals; procedure; jurisdiction.
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Sec. 7c. The court of appeals of this state, acting in a 3-judge panel consistent with the Michigan court rules, may convene a grand jury with jurisdiction over 2 or more counties in this state as follows: (a) If a petition is filed under section 7b(1) by the attorney general, th…
Mich. Comp. Laws § 767.7d Grand jury convened by court of appeals; circumstances.
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Sec. 7d. The court of appeals may convene a grand jury under section 7c with jurisdiction over 2 or more counties in this state if a petition is properly filed under section 7b, and all of the following circumstances exist: (a) The petition establishes probable cause to believe t…
Mich. Comp. Laws § 767.7e Grand jury convened by court of appeals; duties of court of appeals.
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Sec. 7e. If the court of appeals convenes a grand jury with jurisdiction over 2 or more counties, the court of appeals shall do all of the following: (a) Designate a judge of the circuit court or of the recorder's court to preside over the grand jury proceedings. (b) If the petit…
Mich. Comp. Laws § 767.7f Grand jury convened by court of appeals; term; extension; dismissal; recall.
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Sec. 7f. (1) Except as provided in subsection (2), the term of a grand jury convened under section 7c shall not exceed 6 months. (2) The court of appeals of this state may order the term of the grand jury extended for an additional period not to exceed 6 months, for good cause sh…
Mich. Comp. Laws § 767.7g Grand jury convened by court of appeals; expansion of jurisdiction; petition.
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Sec. 7g. (1) If a grand jury has been convened under section 7c(a), and the attorney general seeks to expand the jurisdiction of the grand jury to include 1 or more additional counties, the attorney general may petition the court of appeals under section 7b(1) to convene a grand …
Mich. Comp. Laws § 767.8 Grand jury; juror; grounds for discharge; summoning new juror.
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Sec. 8. Any court in which a grand jury may be sitting, may discharge any of the grand jurors for intoxication or other gross misconduct; and in case of such discharge, or in case of the sickness, death or non-attendance of any grand juror, after he shall have been sworn, the cou…
Mich. Comp. Laws § 767.83 Indictment involving intent to defraud; sufficiency of allegations and proof.
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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 …
Mich. Comp. Laws § 767.9 Grand jurors; alphabetical list; administration and form of oath.
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Sec. 9. The clerk of the court shall prepare an alphabetical list of all the persons returned as grand jurors. When the jury is to be impaneled, the following oath shall be administered to the jurors: "You as grand jurors of this inquest do solemnly swear that you will diligently…
Mich. Comp. Laws § 767.91 Out of state witnesses; attendance; definitions.
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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…
Mich. Comp. Laws § 767.92 Attendance in another state; hearing; summons; custody; fee.
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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 i…
Mich. Comp. Laws § 767.93 Attendance from without the state; certificate; fee.
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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 cou…
Mich. Comp. Laws § 767.94 Immunity of witness.
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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…
Mich. Comp. Laws § 767.94a Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause.
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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 …
Mich. Comp. Laws § 767.95 Short title; uniformity.
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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.
Mich. Comp. Laws § 767.96 Costs of grand jury.
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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 …
Mich. Comp. Laws § 767A.1 “Prosecuting attorney” defined.
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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.
Mich. Comp. Laws § 767A.2 Investigative subpoenas; petition for authorization; contents; filing; application for immunity; confidentiality of application; exemption from disclosure.
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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 issu…