Michigan Compiled Laws

Mich. Comp. Laws § 767.59 (2026)

Indictment; unnecessary formal words and phrases.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

767.59 Indictment; unnecessary formal words and phrases.

Sec. 59.

The indictment need not allege that the offense was committed or the act done "feloniously" or "traitorously" or "unlawfully" or "with force of arms" or "with a strong hand," nor need it use any phrase of like kind otherwise than to characterize the offense, nor need it allege that the offense was committed or the act done "burglariously", "wilfully", "knowingly", "maliciously", "negligently" nor need it otherwise characterize the manner of the commission of the offense unless such description is necessary to indicate the offense. The indictment need not contain the words "contrary to the statute", "as appears by the record", or any other words of similar import.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17273 ;-- CL 1948, 767.59

FormerLaw Notes:

See section 34 of Ch. 164 of R.S. 1846, being CL 1857, § 6043; CL 1871, § 7912; How., § 9523; CL 1897, § 11908; CL 1915, § 15735; and section 8 of Act 77 of 1855, being CL 1857, § 6054; CL 1871, § 7923; How., § 9534; CL 1897, § 11908; CL 1915, § 15735.

Notes of Decisions

Cited in 4 cases, 1970–1998 · leading case: People v. Walsh, 183 N.W.2d 360 (Mich. Ct. App. 1970).

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People v. Walsh, 183 N.W.2d 360 (Mich. Ct. App. 1970). · cites it 2× “Although defendant’s arguments of deficiency would be telling if we were to decide on grammatical niceties, we are compelled to reject them here. .The information adequately informed the defendant that he was, in alleged violation of the statute, in possession of a motor vehicle…”

In Re Thurston, 574 N.W.2d 374 (Mich. Ct. App. 1998). “§ 767.59; M.S.A. .§ 28.999, although the order to show cause would in any event be subject to amendment to cure any such defect of form.”

People v. Shier, 574 N.W.2d 374 (Mich. Ct. App. 1997). “MCL 767.59; MSA 28.999, although the order to show cause would in any event be subject to amendment to cure any such defect of form.”

People v. Perez, 177 N.W.2d 635 (Mich. Ct. App. 1970). “CL 1948, § 767.59 (Stat Ann 1954 Rev § 28.999). Hero the offense charged is apparent from the complaint, with or without the term willful.”

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