Mich. Comp. Laws » Michigan Compiled Laws / Chapter 763 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 763.1 (2026)

Rights of accused; hearing by counsel, defense, confronting witnesses.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


763.1 Rights of accused; hearing by counsel, defense, confronting witnesses.

Sec. 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.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17129 ;-- CL 1948, 763.1

FormerLaw Notes:

    See section 1 of Ch. 150 of R.S. 1846, being CL 1857, § 5704; CL 1871, § 7503; How., § 9068; CL 1897, § 11796; CL 1915, § 15623.

Notes of Decisions
Cited in 114 cases (27 in the last 5 years), 1953–2026 · leading case: People v. Russell, 684 N.W.2d 745 (Mich. 2004).
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People v. Russell, 684 N.W.2d 745 (Mich. 2004). · cites it 4× “I respectfully dissent from the majority opinion because I agree with the trial court and the Court of Appeals and believe that defendant, by his conduct alone, "unequivocally" waived his constitutional and statutory right to trial counsel.”
People v. Fackelman, 802 N.W.2d 552 (Mich. 2011). · cites it 4× “These constitutional provisions are underscored by MCL 763.1, which provides a criminal defendant the express right to “meet the witnesses who are produced against him face to face.”
People v. Williams, 683 N.W.2d 597 (Mich. 2004). · cites it 4× “THE RIGHT TO COUNSEL UNDER MICHIGAN LAW The right of self-representation under Michigan law is secured by Const 1963, art 1, § 13 [8] and by statute, MCL 763.1. [9] In Anderson, supra at 367-368 , 247 N.”
People v. Dennany, 519 N.W.2d 128 (Mich. 1994). · cites it 6× “" State statute reinforces that right: 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…”
People v. Adkins, 551 N.W.2d 108 (Mich. 1996). · cites it 4× “§ 763.1; M.S.A. § 28.854. [14] This Court, *116 however, has found that a defendant has either a right to counsel or a right to proceed in propria persona, but not both.”
People v. Dunigan, 831 N.W.2d 243 (Mich. Ct. App. 2013). “The right of self-representation is secured by both the Michigan Constitution, Const 1963, art 1, § 13, and by statute, MCL 763.1. The right of self-representation is also implicitly guaranteed by the Sixth Amendment of the United States Constitution.”
People v. Anderson, 247 N.W.2d 857 (Mich. 1976). · cites it 2× “MCLA 763.1; MSA 28.854 provides: "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…”
People v. Kevorkian, 639 N.W.2d 291 (Mich. Ct. App. 2002). “(2) THE RIGHT TO SELF-REPRESENTATION The United States Constitution, 88 the Michigan Constitution, 89 and MCL 763.1 each guarantee a criminal defendant the right to represent himself.”
People v. Merritt, 238 N.W.2d 31 (Mich. 1976). · cites it 2× “Further, MCLA 763.1; MSA 28.854 provides: "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…”
Recorder's Court Bar Ass'n v. Wayne Circuit Court, 503 N.W.2d 885 (Mich. 1993). · cites it 2× “[20] While an accused had the statutory right "to be heard by counsel" as early as 1846, 1846 RS, ch 151, § 1, now MCL 763.1; MSA 28.854, that right was determined to be "only declaratory of the right [first] secured to an accused by" Const 1835, art 1, § 10, People v Williams,…”
People v. Morton, 437 N.W.2d 284 (Mich. Ct. App. 1989). · cites it 4× “b) Pursuant to MCLA 763.1; MSA 28.854: "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…”
People v. Pickett, 63 N.W.2d 681 (Mich. 1954). · cites it 3× “question in this appeal is the claim that the admission of the prior testimony of the State’s witness, Wilber Arney, was in violation of appellants’ right of confrontation and of due process as guaranteed by the 6th and 14th Amendments to the United States Constitution and by…”
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