Public and Local Acts of the Legislature of the State of Michigan

tion of

SEC. 4. In any case where a defendant waives his right Jurisdicto a trial by jury and elects to be tried by the judge of such judge. court as provided in section three of this chapter any judge of the court in which said cause is pending shall have jurisdiction to proceed with the trial of said cause, and shall proceed to hear, try and determine such cause in accordance with the rules and in like manner as if such cause were being tried before a jury.

bar to

SEC. 5. No person shall be held to answer on a second Acquittal charge or indictment for any offense for which he has been subsequent acquitted upon the facts and merits of the former trial but prosecution. such acquittal may be pleaded or given in evidence by him in bar of any subsequent prosecution for the same offense.

ment on new

SEC. 6. If any person who is indicted or informed against Arraignfor any offense shall on his trial be acquitted upon the grounds indictment. of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in the form or substance of the indictment, he may be arraigned again on a new indictment for the same offense, notwithstanding such former acquittal.

CHAPTER IV.

Arrest.

may issue.

SECTION 1. For the apprehension of persons charged with Process, who offenses, excepting such offenses as are cognizable by justices of the peace, the justices of the supreme court, the several circuit judges, courts of record having jurisdiction of criminal causes and circuit court commissioners, mayors and recorders of cities and all justices of the peace, shall have power to issue processes to carry into effect the provisions of this chapter.

escape.

SEC. 2. If any person against whom a warrant shall be In case of issued for an alleged offense committed within any county, shall, either before or after the issuing of such warrant, escape from or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county of this state, and for that purpose may command aid and may exercise the same authority as in his own county.

return of.

SEC. 3. A warrant for the arrest of an accused person, Warrant, when issued by any justice of the peace in any township or city other than the township or city in which the justice of the peace was elected and qualified, may be returned to and the accused brought before such justice of the peace in the city or township in which the offense was committed, or at the office of such justice of the peace in the city or township in which such justice of the peace was elected and qualified : Provided, That any such justice of the peace may in such Proviso. warrant direct that the accused person be brought before another qualified justice of the peace within the same county,

When arrest made in

another

county.

Recognizance.

What certified on warrant.

When not bailable, etc.

When offense not cognizable by justice.

When cognizable

and in the absence of the justice of the peace who issued the warrant or in case of his inability to attend, the accused person may be brought before another qualified justice of the peace within the same county, which latter justice of the peace may proceed to hear or try the cause and have full jurisdiction thereof.

SEC. 4. In all cases where the offense charged in the warrant is not punishable with death, or imprisonment in the state prison, and not cognizable by a justice of the peace, if the arrest shall be made in any other county than that where the offense is charged to have been committed, and if the person arrested shall request that he be brought before a magistrate of the county in which the arrest was made, it shall be the duty of the officer or person arresting him to bring such prisoner before a magistrate of that county.

SEC. 5. Such magistrate may take from the person arrested, a recognizance with sufficient sureties, for his appearance before the magistrate who issued, such warrant within twenty days thereafter.

SEC. 6. Such magistrate shall certify on the warrant the fact of his having let the defendant to bail, and shall deliver the same, together with the recognizance taken by him, to the person who made the arrest, who shall cause the same to be delivered without unnecessary delay to the magistrate or clerk of the court before which the accused was recognized to appear.

SEC. 7. If such magistrate refuses to let to bail the person so arrested and brought before him, or if no sufficient bail be offered or the offense be not bailable by such magistrate, the person having him in charge shall take him before the magistrate who issued the warrant, or before some other magistrate of the same county, as in the next section prescribed.

SEC. 8. Persons arrested under any warrant issued for any offense not cognizable by a justice of the peace, shall where no provision is otherwise made, be brought before the magistrate who issued the warrant; or if he be absent or unable to attend, before some other magistrate of the same county; and the warrant, with a proper return thereon, signed by the person who made the arrest, shall be delivered to the magistrate.

SEC. 9. In all cases where the offense charged in the warby justices. rant is cognizable by a justice of the peace, if the arrest shall be made in another county than where the offense is charged to have been committed and if the person arrested shall request that he be brought before a magistrate of the county in which the arrest was made, it shall be the duty of the person or officer arresting him, to carry such prisoner before a magistrate of that county.

May take

recognizance.

SEC. 10. Such magistrate may take from the person arrested a recognizance with sufficient sureties for his appearance before the magistrate having cognizance of the offense

within twenty days thereafter, and the person arrested shall thereupon be liberated.

certify on

SEC. 11. Such magistrate shall certify on the warrant the What to fact of his having let the defendant to bail and shall deliver warrant. the same, together with the recognizance taken by him, to the person who made the arrest, who shall cause the same to be delivered without unnecessary delay to the magistrate or clerk of the court before which the accused was recognized to appear.

insufficient.

SEC. 12. If such magistrate determines that no sufficient When bail bail has been offered, he shall make a note of the same in his records and the person having the person arrested in charge shall take him before the magistrate who issued the warrant or before some other magistrate of the same county, as herein before provided.

without

SEC. 13. A peace officer who has arrested a person with- Arrest out a warrant must without unnecessary delay, take the per- warrant. son arrested before the most convenient magistrate of the county in which the offense was committed, and must make before the magistrate a complaint, stating the offense for which the person was arrested.

private person.

SEC. 14. A private person who has made an arrest must Arrest by without unnecessary delay, take the person arrested before the most convenient magistrate in the county in which the offense was committed or deliver him to a peace officer, who must without unnecessary delay take him before such magistrate. The peace officer or private person so taking the person arrested before such magistrate must lay before the magistrate a complaint stating the offense for which the person was arrested.

SEC. 15. Any peace officer may, without a warrant, arrest Arrest a person―

without warrant,

make.

(a) For the commission of any felony or misdemeanor when may committed in his presence;

(b) When such person has committed a felony although not in the presence of the officer;

(d) When he has reasonable cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it;

(e) When he has received positive information by written, telegraphic or other authoritative source that another officer holds a warrant for such arrest.

SEC. 16. A private person may make an arrest-
For a felony committed in his presence;

(a)

(b)

When the person to be arrested has committed a felony although not in his presence;

Arrest, when private person may make.

When arrest made in

another

county.

Recognizance.

What certified on warrant.

When not bailable, etc.

When

offense not cognizable by justice.

When cognizable

SEC. 5. Such magistrate may take from the person arrested, a recognizance with sufficient sureties, for his appearance before the magistrate who issued, such warrant within twenty days thereafter.

May take recognizance.

SEC. 10. Such magistrate may take from the person arrested a recognizance with sufficient sureties for his appearance before the magistrate having cognizance of the offense

within twenty days thereafter, and the person arrested shall thereupon be liberated.

certify on

insufficient.

without

private

SEC. 14. A private person who has made an arrest must Arrest by without unnecessary delay, take the person arrested before person. the most convenient magistrate in the county in which the offense was committed or deliver him to a peace officer, who must without unnecessary delay take him before such magistrate. The peace officer or private person so taking the person arrested before such magistrate must lay before the magistrate a complaint stating the offense for which the person was arrested.

SEC. 15. Any peace officer may, without a warrant, arrest Arrest a person

without warrant,

make.

(a) For the commission of any felony or misdemeanor when may committed in his presence;

(b) When such person has committed a felony although not in the presence of the officer;

(d) When he has reasonable cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it;

(e) When he has received positive information by written, telegraphic or other authoritative source that another officer holds a warrant for such arrest.

SEC. 16. A private person may make an arrest(a) For a felony committed in his presence;

Arrest,

when private

may make.

(b) When the person to be arrested has committed person felony although not in his presence;

(c)

When summoned by any peace officer to assist said officer in making an arrest.

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Public and Local Acts of the Legislature of the State of Michigan, Part 2