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

Mich. Comp. Laws § 763.5 (2026)

Acquittal on facts and merits as bar to subsequent prosecution.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


763.5 Acquittal on facts and merits as bar to subsequent prosecution.

Sec. 5.

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

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17133 ;-- CL 1948, 763.5

FormerLaw Notes:

    See section 3 of Ch. 151 of R.S. 1846, being CL 1857, § 5706; CL 1871, § 7505; How., § 9070; CL 1897, § 11798; and CL 1915, § 15625.

Notes of Decisions
Cited in 3 cases, 1955–1977 · leading case: People v. Jacoboni, 190 N.W.2d 720 (Mich. Ct. App. 1971).
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People v. Jacoboni, 190 N.W.2d 720 (Mich. Ct. App. 1971). · cites it 2× ““No person shall be held to answer on a second charge of indictment for any offense for which he has been acquitted upon the facts and merits of the former trial but such acquittal may be pleaded or given in evidence by him in bar of any subsequent prosecution for the same…”
People v. Killingsworth, 263 N.W.2d 278 (Mich. Ct. App. 1977). “See also, MCLA 763.5; MSA 28.858. In Lester the Court reasoned that: (1) the defendant was placed in jeopardy when the jury was sworn, (2) there had been a failure of proof on an essential element of the crime and a dismissal, which was tantamount to an acquittal, and (3) a…”
In re Weir, 69 N.W.2d 206 (Mich. 1955). “*99 As to the former jeopardy, the result of the former trial must, under the Michigan Constitution, 1908 (art 2, § 14), be on the merits; under the statute (CL 1948, § 763.5 [Stat Ann 1954 Bev § 28.858]), on the facts and merits.”
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