Mich. Comp. Laws » Michigan Compiled Laws / Chapter 767 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 767.2 (2026)

Applicability of indictment laws to informations.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.2 Applicability of indictment laws to informations.

Sec. 2.

    All provisions of the law applying to prosecutions upon indictments, to writs and process therein and the issuing and service thereof, to commitments, bail, motions, pleadings, trials, appeals and punishments, or the execution of any sentence, and to all other proceedings in cases of indictments whether in the court of original or appellate jurisdiction, shall, in the same manner and to the same extent as near as may be, be applied to informations and all prosecutions and proceedings thereon.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17216 ;-- CL 1948, 767.2

FormerLaw Notes:

    See section 4 of Act 138 of 1859, being CL 1871, § 7940; How., § 9551; CL 1897, § 11936; and CL 1915, § 15763.

Notes of Decisions
Cited in 31 cases (6 in the last 5 years), 1955–2025 · leading case: People v. Glass, 627 N.W.2d 261 (Mich. 2001).
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People v. Glass, 627 N.W.2d 261 (Mich. 2001). · cites it 8× “§ 767.2; MCR 6.112(A) provides, except as otherwise provided by the court rules or elsewhere, "the law and rules that apply to informations and prosecutions on informations apply to indictments and prosecutions on indictments.”
People v. McGhee, 709 N.W.2d 595 (Mich. Ct. App. 2006). “10; MCL 767.2; Glass, supra at 278 n 8, 279. MCL 767.”
People v. McGee, 672 N.W.2d 191 (Mich. Ct. App. 2003). “10; MCL 767.2; People v Glass (After Remand), 464 Mich 266 , 278 n 8, 279; 627 NW2d 261 (2001).”
People v. McIntire, 591 N.W.2d 231 (Mich. Ct. App. 1999). · cites it 2× “§ 767.2; MSA 28.942. [16] In Michigan it is not simply mere absence, but such absence as destroys residency.”
People v. Herron, 628 N.W.2d 528 (Mich. 2001). “People v Russo, 439 Mich 584, 588, n 1 ; 487 NW2d 698 (1992); *613 see also MCL 767.2. “Each count in an indictment is regarded as if it was a separate indictment.”
People v. Reagan, 235 N.W.2d 581 (Mich. 1975). · cites it 2× “[7] MCLA 767.2; MSA 28.942 provides that all provisions of the law applying to prosecutions and proceedings on indictment shall apply to prosecutions and proceedings on information.”
People v. Gould, 179 N.W.2d 617 (Mich. 1970). · cites it 2× “No action of the court in refusing a continuance or postponement *79 under this section shall be reviewable except after motion to and refusal by the trial court to grant a new trial therefor and no writ of error or other appeal based upon such action of the court shall be…”
People v. Spalla, 269 N.W.2d 259 (Mich. Ct. App. 1978). · cites it 2× “1011, and states: "In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which the death of the deceased was caused; but it shall be sufficient in any indictment for murder to charge that the defendant did…”
People v. Jones, 254 N.W.2d 863 (Mich. Ct. App. 1977). “” 3 The information in the instant case, which alleged the various offenses charged in the language of the statutes defining them, conformed to all of the formal requirements for indictments contained in MCLA 767.”
Genesee Prosecutor v. Genesee Circuit Judge, 215 N.W.2d 145 (Mich. 1974). “MCLA 767.2; MSA 28.942 provides that all provisions of law applicable to prosecutions upon indictment shall in general apply to prosecutions by information.”
People v. Corbeil, 259 N.W.2d 193 (Mich. Ct. App. 1977). “The statute particularized in Count I prohibits delivery of a substance, other than marijuana, listed in schedules 1, 2 or 3 of the Controlled Substances Act. MCLA 335.”
People v. Curtis, 209 N.W.2d 243 (Mich. 1973). “1 By virtue of MCLA 767.2; MSA 28.942, the term "indictment” applies equally to prosecution, commenced upon "information”.”
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