Michigan Compiled Laws
Mich. Comp. Laws § 750.323 (2026)
Repealed. 2023, Act 286, Eff. Feb. 13, 2024.
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THE MICHIGAN PENAL CODE
Act 328 of 1931
750.323 Repealed. 2023, Act 286, Eff. Feb. 13, 2024.
Repealed. 2023, Act 286, Eff. Feb. 13, 2024.
Compiler's Notes:
The repealed section pertained to penalties for manslaughter by abortion.
Notes of Decisions
Cited in 8
cases, 1972–2016 · 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). “322,2 and the manslaughter by abortion statute, MCL 750.323,3 reasoning: When the Legislature enacted the negligent homicide statute in 1921 and reenacted it in 1931, the “born alive” rule was a well understood and accepted rule of law.”
People v. Mendoza, 664 N.W.2d 685 (Mich. 2003). “[8] The "benefit of clergy" was a political compromise between the state and the church, intended to ensure errant clerics who were convicted in the royal court were turned over to the ecclesiastical courts for sentencing.”
People v. Smith, 731 N.W.2d 411 (Mich. 2007). “, with intent to destroy such child," MCL 750.323.”
Larkin v. Wayne Prosecutor, 208 N.W.2d 176 (Mich. 1973). “MCLA 750.323 MANSLAUGHTER BY ABORTION MCLA 750.”
People v. Guthrie, 293 N.W.2d 775 (Mich. Ct. App. 1980). “544, and MCLA 750.323; MSA 28.555, means a viable child in the womb of its mother; that is, an unborn child whose heart is beating, who is experiencing electronically measurable brain waves, who is discernably moving, and who is so far developed and matured as to be capable of…”
Doe v. Dir. of the Dep't of Soc. Servs., 468 N.W.2d 862 (Mich. Ct. App. 1991). “554, constitutional notwithstanding Roe and Doe, the Court considered the effect of those decisions on MCL 750.323; MSA 28.555, which provides: Any person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or…”
People v. Paul, 236 N.W.2d 486 (Mich. 1975). “The one is section 750.323 1 which is death resulting from the intentional but not malicious discharge of a gun which is a 15-year manslaughter and the second one is the statute 752.”
People v. Nixon, 201 N.W.2d 635 (Mich. Ct. App. 1972). “" See, also, MCLA 750.323; MSA 28.555. [7] 1846 RS, chap 153, § 34, which provided: "Every person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent to procure…”
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