Michigan Compiled Laws
Mich. Comp. Laws § 767.38 (2026)
Indictee; right to trial or admission to bail.
✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.38 Indictee; right to trial or admission to bail.
Sec. 38.
Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of 6 months from the time when he was imprisoned, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of the court that the witnesses on behalf of the people have been enticed or kept away, or are detained and prevented from attending court by sickness, or some inevitable accident.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17252 ;-- CL 1948, 767.38
FormerLaw Notes:
See section 30 of Ch. 163 of R.S. 1846, being CL 1857, § 6039; CL 1871, § 7908; How., § 9519; CL 1897, § 11904; and CL 1915, § 15731.
Notes of Decisions
Cited in 14
cases, 1964–1988 · leading case: People v. Collins, 202 N.W.2d 769 (Mich. 1972).
People v. Collins, 202 N.W.2d 769 (Mich. 1972). “The Michigan Legislature has twice made 6 months a criterion, MCLA 767.38; MSA 28.978 and MCLA 780.131; MSA 28.”
People v. Missouri, 299 N.W.2d 346 (Mich. Ct. App. 1980). “Since this period of delay is far in excess of the 18-month period of presumed prejudice set forth in Grimmett, supra, 606 , and the six-month period set forth in MCL 767.38; MSA 28.978, GCR 1963, 789, examination of the other three factors is required.”
People v. Forrest, 249 N.W.2d 384 (Mich. Ct. App. 1976). “*271 The people argue that the unavoidable constraints of docket congestion necessitated the judge’s delay in setting a trial date, since other defendants incarcerated in the county jail would also have to be tried or bailed within six months of imprisonment, MCLA 767.38; MSA…”
People v. Patterson, 427 N.W.2d 601 (Mich. Ct. App. 1988). “The six-month standard of MCL 767.38; MSA 28.978 also is inapplicable since defendant was not in prison.”
People v. Haynes, 147 N.W.2d 714 (Mich. Ct. App. 1967). “It would be possible to end this opinion at this point; however, in fairness to the people we shall answer their argument relating to the applicability of CL 1948, § 767.38 (Stat Ann 1954 Rev § 28.978). [10] The prosecution cites this statute as authority for the proposition…”
People v. Hammond, 269 N.W.2d 488 (Mich. Ct. App. 1978). “MCL 767.38; MSA 28.978. This statute provides: "Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of 6 months from the time when he was imprisoned * * * .”
People v. Duncan, 130 N.W.2d 385 (Mich. 1964). “” CL 1948, § 767.38 (Stat Ann 1954 Rev § 28.978). “The people of this State and persons charged with crime are entitled to and shall have a speedy trial and determination of all .”
People v. Bradley, 220 N.W.2d 305 (Mich. Ct. App. 1974). “MCLA 767.38; MSA 28.978; MCLA 780.131; MSA 28.”
People v. Collins, 194 N.W.2d 131 (Mich. Ct. App. 1971). “966); MCLA § 767.38 (Stat Ann 1954 Rev § 28.978).”
People v. Smith, 226 N.W.2d 673 (Mich. Ct. App. 1975). “MCLA 767.38; MSA 28.978; MCLA 780.131; MSA 28.”
People v. Fossey, 199 N.W.2d 849 (Mich. Ct. App. 1972). “Finally, defendant asserts that MCLA 767.38; MSA 28.978 could have been utilized by the prosecutor.”
People v. Ferrazza, 171 N.W.2d 658 (Mich. Ct. App. 1969). “Our finding that the prosecutor acted with reasonable diligence and in good faith makes it unnecessary for us to decide whether MCLA § 767.38 (Stat Ann 1954 Rev § 28.978), providing for a trial of persons detained in prison within six months, applies to a defendant incarcerated…”
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