THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.69 Indictment for larceny; additional counts; conviction; election between counts unnecessary.
Sec. 69.
An indictment for larceny may contain also a count for embezzlement, larceny by conversion, obtaining property by false pretenses or for receiving or having in possession, or aiding in concealing the same property, knowing it to have been stolen, and the jury may convict of any such offense; and the jury may find all or any of the persons indicted, guilty of any of the offenses charged in the indictment. The prosecuting attorney shall not be required to elect between the offenses so charged.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17283 ;-- Am. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 767.69
FormerLaw Notes:
See section 20 of Act 77 of 1855, being CL 1857, § 6066; CL 1871, § 7936; How., § 9547; CL 1897, § 11932; and CL 1915, § 15759.
Notes of Decisions
Cited in
6
cases, 1976–1993 · leading case:
People v. Erskin, 285 N.W.2d 396 (Mich. Ct. App. 1979).
People v. Erskin, 285 N.W.2d 396 (Mich. Ct. App. 1979).
· cites it 6× “*637 MCL 767.69; MSA 28.1009 [1] permits the offenses cited to be charged in the same information.”
People v. Kyllonen, 262 N.W.2d 2 (Mich. 1978).
“16 MCLA 767.69; MSA 28.1009 specifically authorizes the prosecution to add an alternate count of larceny to any information charging a defendant with buying, receiving or aiding in the concealment of stolen property, and MCLA 767.”
People v. Malach, 507 N.W.2d 834 (Mich. Ct. App. 1993).
“2 We reject as unpersuasive the prosecutor’s argument that false pretenses must be a form of larceny because, under MCL 767.69; MSA 28.1009, it can be charged in the same indictment.”
People v. Kyllonen, 239 N.W.2d 410 (Mich. Ct. App. 1976).
“7, §69) [MCLA 767.69; MSA 28.1009], a count for receiving the stolen property, knowing it to have been stolen, may be added where larceny is charged, and the jury may find the accused person guilty of either of these offenses.”
People v. Pelkey, 342 N.W.2d 312 (Mich. Ct. App. 1983).
“Under MCL 767.69; MSA 28.1009, a prosecutor is authorized to add an alternative count of larceny to any information charging a defendant with receiving and concealing stolen property.”
People v. Hunter, 259 N.W.2d 216 (Mich. Ct. App. 1977).
“7, § 69) [MCLA 767.69; MSA 28.1009], a count for receiving the stolen property, knowing it to have been stolen, may be added where larceny is charged, and the jury may find the accused person guilty of either of these offenses.”
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.