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

Mich. Comp. Laws § 767.26 (2026)

Discharge of accused in absence of indictment.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.26 Discharge of accused in absence of indictment.

Sec. 26.

    Any person held in prison on any charge of having committed a crime, shall be discharged if he be not indicted before the end of the second term of the court at which he is held to answer unless it shall appear to the satisfaction of the court that the witnesses on the part of the people have been enticed or kept away, or are detained and prevented from attending the court by sickness or some inevitable accident, and except in the case provided for in the next section.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17240 ;-- CL 1948, 767.26

FormerLaw Notes:

    See section 20 of Ch. 164 of R.S. 1846, being CL 1857, § 6029; CL 1871, § 7898; How., § 9509; CL 1897, § 11894; and CL 1915, § 15721.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1971–2025 · leading case: State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017).
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State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). · cites it 2× “See Mich. Comp. Laws Ann. § 767.26 (West, Westlaw current through P.”
People v. Collins, 194 N.W.2d 131 (Mich. Ct. App. 1971). · cites it 3× “[14] See MCLA § 767.26 (Stat Ann 1954 Rev § 28.966); MCLA § 767.”
People of Michigan v. Joel Hosea Harding (Mich. Ct. App. 2025). · cites it 3× “INEFFECTIVE ASSISTANCE—GRAND JURY PROCEEDING Defendant argues that counsel was ineffective for failing to argue that under MCL 767.26 that defendant was entitled to a dismissal of his case because he was not indicted by a nine-person grand jury under MCL 767.”
People of Michigan v. Allan Gregory Jones Jr (Mich. Ct. App. 2021). · cites it 2× “In addition, defendant does not provide any analysis of the cases he cites in his Standard 4 brief, or explain how each supports his argument 7 MCL 767.”
Amended August 7, 2017 State of Iowa v. Deantay Darelle Williams (Iowa 2017). “See Mich. Comp. Laws Ann. § 767.26 (West, Westlaw current through P.”
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