THE MICHIGAN PENAL CODE
Act 328 of 1931
750.10 Miscellaneous; definition.
Sec. 10.
Miscellaneous—In this act:
The singular number includes the plural and the plural includes the singular.
The masculine gender includes the feminine and neuter genders.
The words "person", "accused", and similar words include, unless a contrary intention appears, public and private corporations, copartnerships, and 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.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.10
Notes of Decisions
Cited in
26
cases (
7 in the last 5 years), 1974–2024 · leading case:
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
· cites it 5× “” MCL 750.10. Similarly, the Michigan Code of Criminal Procedure, MCL 760.”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016).
· cites it 2× “” MCL 750.10. A similar definition appears in the Code of Criminal Procedure.”
People v. McGhee, 709 N.W.2d 595 (Mich. Ct. App. 2006).
“112(A); MCL 750.10; MCL 767.2; Glass, supra at 278 n 8, 279.”
People v. Glass, 627 N.W.2d 261 (Mich. 2001).
· cites it 2× “§ 750.10, which provides "the word `indictment' includes information.”
People v. McGee, 672 N.W.2d 191 (Mich. Ct. App. 2003).
“112(A); MCL 750.10; MCL 767.2; People v Glass (After Remand), 464 Mich 266 , 278 n 8, 279; 627 NW2d 261 (2001).”
People v. Herron, 628 N.W.2d 528 (Mich. 2001).
“” Moreover, the second half of the statute clearly refers to a subsequent trial or conviction regarding “the offense charged in the indictment.”
People v. Gilliam, 310 N.W.2d 843 (Mich. Ct. App. 1981).
· cites it 3× “MCL 750.10; MSA 28.200 provides that, as found throughout the Penal Code, "[t]he masculine gender includes the feminine and neuter genders”.”
Rockwell v. Palmer, 559 F. Supp. 2d 817 (W.D. Mich. 2008).
· cites it 2× “On April 9, 1997, a jury convicted Petitioner, Tony Thomas Rockwell, of breaking and entering with intent to commit larceny, Mich. Comp. Laws § 750.10 , and resisting and obstructing a police officer, Mioh.”
People v. Gen. Dynamics Land Sys., Inc, 438 N.W.2d 359 (Mich. Ct. App. 1989).
· cites it 6× “MCL 750.10; MSA 28.200. After examining the common-law definitions of manslaughter, we are unpersuaded that a contrary intention appears.”
People v. Selwa, 543 N.W.2d 321 (Mich. Ct. App. 1995).
· cites it 2× “*471 The Legislature has not defined the term "person" within the context of this statute, but the Penal Code defines the term generally to include, unless a contrary intention appears, public and private corporations, copartnerships, and unincorporated or voluntary associations.”
Austin v. Redford Twp. Police Dep't, 859 F. Supp. 2d 883 (E.D. Mich. 2011).
· cites it 4× “Because the statute is part of the Penal Code, it is governed by the definitional provisions set forth in Mich. Comp. Laws § 750.10 . See People v.”
People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004).
“” Under the general provisions of the Penal Code, MCL 750.10, “person” includes corporations, copartnerships, and associations “unless a contrary intention appears .”
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