THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.37 Indictee; plea on arraignment.
Sec. 37.
When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be tried but if, on being so arraigned, he shall refuse to plead or answer or shall not confess the indictment to be true, the court shall order a plea of not guilty to be entered and thereupon the proceedings shall be the same as if he had pleaded not guilty to the indictment. At the arraignment of any person upon an indictment or upon the charge in a warrant, complaint or information the court may accept a plea of nolo contendere and if such a plea is accepted, the court shall proceed as if he had pleaded guilty.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17251 ;-- CL 1948, 767.37 ;-- Am. 1969, Act 334, Imd. Eff. Nov. 10, 1969
FormerLaw Notes:
See section 29 of Ch. 163 of R.S. 1846, being CL 1857, § 6038; CL 1871, § 7907; How., § 9518; CL 1897, § 11903; and CL 1915, § 15730.
Notes of Decisions
Lichon v. Am. Universal Ins., 459 N.W.2d 288 (Mich. 1990).
· cites it 4× “By 1969 PA 334 , the Legislature amended MCL 767.37; MSA 28.977 to recognize the authority of the courts to accept pleas of nolo contendere.”
People v. Jaworski, 181 N.W.2d 811 (Mich. Ct. App. 1970).
· cites it 4× “At his arraignment on August 14, 1969 the defendant, while represented by counsel, stood mute, and the court then entered a plea of not guilty, as required by statute, MCLA § 767.37 (Stat Ann 1954 Rev § 28.977).”
Haddad v. Fromson, 154 F. Supp. 2d 1085 (W.D. Mich. 2001).
· cites it 2× “See Mich. Comp. Laws § 767.37 ; People v. New, 427 Mich.”
Wheelock v. Eyl, 223 N.W.2d 276 (Mich. 1974).
· cites it 4× “Likewise the speedy determinations of society's claims against individuals should not be influenced by a rule of civil procedure which puts a premium on the mode of response to society's charge. In addition, the successive changes in the General Court Rules, the statutes, and…”
People v. Sepulvado, 183 N.W.2d 327 (Mich. Ct. App. 1970).
· cites it 4× “At his arraignment on April 30, 1969 the defendant, while represented by counsel, stood mute and the court then entered a plea of not guilty, as required by statute, MCLA § 767.37 (Stat Ann 1954 Rev § 28.977).”
People v. Chilton, 228 N.W.2d 210 (Mich. 1975).
· cites it 4× “MCLA 767.37; MSA 28.977 does not provide that a plea of nolo contendere be taken as if it were a guilty plea.”
People v. Conville, 222 N.W.2d 312 (Mich. Ct. App. 1974).
· cites it 3× “The question we must answer is: Does this ban on the use of the preliminary examination transcript also apply to the acceptance of pleas of nolo contendere? MCLA 767.37; MSA 28.977, provides in pertinent part: "At the arraignment of any person upon an indict *253 ment or upon…”
People v. Hill, 273 N.W.2d 532 (Mich. Ct. App. 1978).
“People v Goodman, 58 Mich App 220, 222 ; 227 NW2d 261 (1975); see MCL 767.37; MSA 28.977. 2 See People v Alvin Johnson, 396 Mich 424, 444 ; 240 NW2d 729, 739-740 ; cf.”
People v. Curry, 210 N.W.2d 791 (Mich. Ct. App. 1973).
· cites it 3× “Defendant contends that MCLA 767.37; MSA 28.977 2 requires that a nolo plea be treated exactly as if it were a plea of guilty, and therefore GCR 1963, 785.”
Koniak v. Heritage Newspapers, Inc., 499 N.W.2d 346 (Mich. Ct. App. 1993).
“MCL 767.37; MSA 28.977. The only difference, in theory, between a plea of nolo contendere and a plea of guilty is that, unlike a plea of guilty, a plea of nolo contendere cannot be used in evidence against the defendant as an admission in a subsequent civil or criminal case.”
People v. Tomlinson, 213 N.W.2d 803 (Mich. Ct. App. 1973).
“) MCLA 767.37; MSA 28.977. Furthermore, the Michigan Supreme Court has recognized this equivalence in GCR 1963, 785.”
People v. Jim Williams, 225 N.W.2d 798 (Mich. Ct. App. 1975).
“We disagree. Defendant’s nolo contendere plea was accepted on November 10, 1972, nearly seven months before GCR 1963, 785.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.