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

Mich. Comp. Laws § 767.47 (2026)

Indictment; effect of repugnant and unnecessary allegations.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.47 Indictment; effect of repugnant and unnecessary allegations.

Sec. 47.

    No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged. All unnecessary allegations shall be rejected as surplusage.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17261 ;-- CL 1948, 767.47

FormerLaw Notes:

    See section 8 of Act 77 of 1855, being CL 1857, § 6054; CL 1871, § 7923; How., § 9534; CL 1897, § 11919; and CL 1915, § 15746.

Notes of Decisions
Cited in 6 cases, 1967–1982 · leading case: People v. Hall, 172 N.W.2d 473 (Mich. Ct. App. 1969).
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People v. Hall, 172 N.W.2d 473 (Mich. Ct. App. 1969). · cites it 4× “No claim has been made on this appeal by the defendant that he is entitled to credit for those two days against the sentence imposed on account of the conviction here on appeal.”
People v. Owens, 164 N.W.2d 712 (Mich. Ct. App. 1968). · cites it 2× “NOTES [1] As explained in the majority opinion, the Michigan penal code provision (CL 1948, § 750.”
People v. Richardson, 325 N.W.2d 419 (Mich. Ct. App. 1982). “MCL 767.47; MSA 28.987. The reference to scout car number 61 and which officer had custody of the vehicle is surplusage.”
People v. Livermore, 155 N.W.2d 711 (Mich. Ct. App. 1967). “5 CL 1948, § 767.47 (Stat Ann 1954 Eev § 28.987). 6 Generally, see 42 CJS, Indictments and Informations, § 254, pp 1273-1275.”
People v. Carabell, 161 N.W.2d 776 (Mich. Ct. App. 1968). “CL 1948, § 767.47 (Stat Ann § 28.987) applies: “No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged.”
People v. Lombardi, 164 N.W.2d 738 (Mich. Ct. App. 1968). “CL 1948, § 767.47 (Stat Ann 1954 Rev §28.987). The testimony and other evidence relating to separate and distinct offenses of gambling were properly admitted under CL 1948, § 768.”
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.