Proviso. Recount of primary, provisions applicable. Copy of vignette, etc., to whom forwarded. Cuts of, who to provide. Section repealed. on the Tuesday succeeding the first Monday in September preceding every general November election, at which time the registered and qualified voters of each political party shall vote for party candidates for the office of governor, lieutenant governor and United States senator: Provided, That no nomination for the office of United States senator shall be made unless such official is to be elected at the next succeeding general November election. Chapter XII SEC. 5. The provisions of part four relative to recounts and correction of fraud and errors in returns by boards of canvassers shall apply to and govern, in so far as applicable, recounts and correction of fraud and errors in returns of boards of canvassers of primary elections. PART IV Chapter VII SEC. 5. Not less than twenty-five days prior to any general election the state central committee of each political party shall forward to the board of election commissioners of each county, in care of the county clerk, at the county seat, and to the secretary of state, a copy of the vignette adopted by said state central committee and the typewritten. or printed names together with residence, including the street address if known, of all candidates nominated at any regularly called state convention or conventions at which candidates for any of the offices to be filled at such election shall be nominated. All the names of candidates so nominated shall be certified to by the chairman and secretary of the respective committees. It shall not be necessary for any party committee to certify nominations made at an official primary election. Such vignette and heading shall remain as the heading for the column of such party organization on the ballots at all elections until changed by the proper committee, and notice thereof shall have been given to such county clerks and secretary of state. It shall be the duty of the board of election commissioners of each county to provide, at the expense of the county, a sufficient number of cuts of the several vignettes provided for in this act, for use in printing the official ballots for any state, district or county election in said county. SEC. 2. Section sixteen of chapter nineteen of part four is hereby repealed. Approved May 14, 1927. [No. 175.] AN ACT to revise, consolidate and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts and of the judges and other officers thereof under the provisions of this act; to provide laws relative to the rights of persons accused of criminal of fenses; to provide for the arrest of persons charged with or suspected of criminal offenses; to provide for bail of persons arrested for or accused of criminal offenses; to provide for the examination of such persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and to provide for the procedure therein; to provide for judgments and sentences of persons convicted of criminal offenses; to provide for procedure relating to new trials, appeals, writs of error and bills of exception in criminal causes; to provide a uniform system of probation throughout the state of Michigan, the appointment of probation officers and to prescribe the powers, duties and compensation of such officers and to provide penalties for the violation of the duties of such officers; to provide for procedure governing proceedings to prevent crime; proceedings for the discovery of crime; to provide for the jurisdiction, powers, duties, and procedure of justices of the peace in criminal cases; to provide for fees of officers, witnesses and others in criminal cases; miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act. The People of the State of Michigan enact: SECTION 1. This act shall be known as "The Code of Title of act. Criminal Procedure." SEC. 2. This act is hereby declared to be remedial in How character and as such shall be liberally construed to effectuate construed. the intents and purposes thereof. In this act: CHAPTER I. The singular number includes the plural and the plural includes the singular. The masculine gender includes the feminine and neuter genders. Terms defined. Proviso. Jurisdiction, etc., of courts. Justices, powers, etc., of. Offenses on boundary of two counties. The words "person," "accused," and similar words include, unless a contrary intention appears, public and private corporations, copartnerships, unincorporated or voluntary associations. The term "act" or "doing of an act" includes "omission to act." The word "property" includes any matter or thing upon or in respect to which any offense may be committed. The word "indictment" includes information, presentment, complaint, warrant and any other formal written accusation. The word "indictment," unless a contrary intention appears, includes any count thereof. The term "writing," "written" and any term of like import includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye. The term "magistrate" wherever used in this act is defined as including all officials named in section one of chapter four of this act, excepting justices of the supreme court and circuit judges; and judges of courts of record having jurisdiction of criminal causes: Provided, That nothing herein shall be construed as limiting the power of justices of the supreme court and circuit judges and judges of courts of record having jurisdiction of criminal causes under this act or depriving them of the power to exercise in their discretion the authority of magistrates. The term "felony" when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. CHAPTER II. Courts. SECTION 1. The various courts and persons of this state now having jurisdiction and powers over criminal causes, shall have such jurisdiction and powers as are now conferred upon them by law, except as such jurisdiction and powers may be hereinafter repealed, enlarged or modified. SEC. 2. Any justice of the peace is empowered and authorized to perform all official acts and duties and to exercise jurisdiction in criminal causes in any township or city situate in the county within which the justice of the peace was elected and qualified, with the same rights and powers as though performed and exercised within the city or township in which such justice of the peace was elected and qualified. SEC. 3. Any offense committed on the boundary line of two counties, or within one hundred rods of the dividing line between them, may be alleged in the indictment to have been committed, and may be prosecuted and punished in either county. tion, when SEC. 4. Whenever any court of record having criminal Jurisdicjurisdiction, the boundaries of whose jurisdiction as fixed not by statute are not coincident with the boundary lines of a questioned. county or counties, shall take jurisdiction or have pending before it any trial or cause arising out of the commission of an offense at, on or near to the boundary line of the jurisdiction of said court, the jurisdiction of said court shall not be questioned, after the swearing of the jury, unless the evidence shall show the offense to have been committed more than one hundred rods outside of the boundary of the jurisdiction of said court as fixed by statute. where may prosecute. SEC. 5. If any mortal wound shall be given or other vio- Offense, lence or injury shall be inflicted, or any poison shall be administered in one county by means whereof death shall ensue in another county, the offense may be prosecuted and punished in either county. committed SEC. 6. If any such mortal wound shall be given, or other Offense violence or injury shall be inflicted or poison administered on on high the high seas, or in any other navigable waters, or on land, seas, etc. either within or without the limits of this state, by means whereof death shall ensue in any county thereof, such offense may be prosecuted and punished in the county where such death shall have ensued. venue. SEC. 7. Each court of record having jurisdiction of crim- Change of inal cases upon good cause shown by either party may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county, and make all necessary rules and orders for the certifying and removing such cause, and all matters relating thereto, to the court in which such issue shall be ordered to be tried, and the court to which such cause shall be so removed shall proceed to hear, try and determine the same, and execution may thereupon be Execution. had in the same manner as if the same had been prosecuted in the court having original jurisdiction of such cause, except that in all causes when the defendant shall be convicted and be sentenced to imprisonment in the county jail or to pay a fine, or to both such imprisonment and fine, the court awarding such sentence shall have authority to direct and shall direct that the defendant be imprisoned in the county jail. of the county in which such prosecution commenced; and that such fine, when paid, shall be paid over to the county treas urer of the county in which such prosecution commenced, in the same manner as is now provided by law for paying over fines to county treasurers; and in every case where a change Expense, of venue is ordered, all expenses of such trial shall be a charge upon the county in which the prosecution originated; and when there shall be a disagreement of the jury on the trial of any criminal cause in the circuit court to which such cause was ordered for trial, the circuit judge before whom the same was tried, if he shall deem that the public good. requires the same, may, upon cause shown by either party, order and direct the issue to be tried in the circuit court of who to pay. Proviso. Further proviso. Rights of party accused. When convicted. Trial without jury. Form of waiver. When made. another county in the state; and the court to which such cause shall be removed shall proceed to hear, try and determine the same in the same manner and with like effect as was pursued by the circuit court making such order: Provided, That in any and all suits, proceedings, causes or actions now pending in any of the circuit courts of this state, whether the court has general or special jurisdiction, a change of venue may be had in the manner provided and in accordance with section ten of act number one hundred fifty-seven of the public acts of eighteen hundred fifty-one, as amended by act number three hundred nine of the public acts of nineteen hundred five and the provisions of said act shall be continued in full force and effect for such purpose: Provided further, That in all suits, proceedings, causes or actions in which a change of venue has been granted, the court to which such suit, proceeding, cause or action has been transferred, shall retain jurisdiction. CHAPTER III.* Rights of Persons Accused. SECTION 1. On the trial of every indictment or other criminal accusation, the party accused shall be allowed to be heard by counsel and may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and meet the witnesses who are produced against him face to face. SEC. 2. No person charged with an offense shall be convicted thereof unless by confession of his guilt in open court or by admitting the truth of the charge against him or after trial by the court or by the verdict of a jury accepted and recorded by the court. SEC. 3. In all criminal cases arising in the courts of this state whether cognizable by justices of the peace or otherwise, the defendant shall have the right to waive a determination of the facts by a jury and may, if he so elect, be tried before the court without a jury. Except in cases cognizable by a justice of the peace, such waiver and election by a defendant shall be in writing signed by the defendant and filed in such cause and made a part of the record thereof. It shall be entitled in the court and cause and in substance as follows: “I, .... ..., defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury and elect to be tried by a judge of the court in which said cause may be pending. I fully understand that under the laws of this state I have a constitutional right to a trial by jury." Signature of defendant. Such waiver of trial by jury must be made in open court after the said defendant has been arraigned and has had opportunity to consult with counsel. |