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

Mich. Comp. Laws § 767.71 (2026)

Indictment for murder and manslaughter; charging act.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.71 Indictment for murder and manslaughter; charging act.

Sec. 71.

    In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which the death of the deceased was caused; but it shall be sufficient in any indictment for murder to charge that the defendant did murder the deceased; and it shall be sufficient in manslaughter to charge that the defendant did kill the deceased.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17285 ;-- CL 1948, 767.71

FormerLaw Notes:

    See section 1 of Act 77 of 1855, being CL 1857, § 6047; CL 1871, § 7916; How., § 9527; CL 1897, § 11912; and CL 1915, § 15739.

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1968–2026 · leading case: People v. Johnson, 398 N.W.2d 219 (Mich. 1986).
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People v. Johnson, 398 N.W.2d 219 (Mich. 1986). · cites it 22× “[9] The *108 "open murder" statute, MCL 767.71; MSA 28.1011, [10] recognizes that murder is a single offense and that, at the informational stage, no specification of degree is required.”
People v. Coddington, 470 N.W.2d 478 (Mich. Ct. App. 1991). · cites it 5× “*592 Relying in part on People v Johnson, 427 Mich 98 ; 398 NW2d 219 (1986), the prosecutor argued that it was not necessary to present evidence of premeditation and deliberation at the preliminary examination when charges of open murder are brought pursuant to MCL 767.71; MSA…”
People v. Fernandez, 398 N.W.2d 311 (Mich. 1986). · cites it 4× “The "open murder" statute, MCL 767.71; MSA 28.1011, recognizes that murder is a single offense and that, at the informational stage, no specification of degree is required.”
People v. Kevorkian, 527 N.W.2d 714 (Mich. 1994). · cites it 2× “[3] The Court of Appeals did not discuss the question of standing, and it has not been raised in this Court.”
People v. Spalla, 269 N.W.2d 259 (Mich. Ct. App. 1978). · cites it 2× “[3] The Court's decision in Sneed was predicated upon the provisions of 2 CL § 7916, which is now MCL 767.71; MSA 28.1011, and states: "In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which the death of…”
People v. Gonzalez, 444 N.W.2d 228 (Mich. Ct. App. 1989). “Justice Williams’ concurring opinion is not clear as to whether he agreed with Justice Boyle on this matter.”
People v. Genes, 227 N.W.2d 241 (Mich. Ct. App. 1975). · cites it 2× “An information charging involuntary manslaughter must be much more specific than one charging voluntary manslaughter.”
People v. Schmidt, 455 N.W.2d 430 (Mich. Ct. App. 1990). · cites it 2× “The opinion for reversal expresses concern for the discretion given to prosecutors by MCL 767.71; MSA 28.1011. This analysis overlooks the fact that this discretion has been given to the prosecution by the Legislature.”
People v. McKinney, 237 N.W.2d 215 (Mich. Ct. App. 1975). · cites it 2× “1011 provides: "In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which the death of the deceased was caused; but it shall be sufficient in any indictment for murder to charge that the defendant did murder…”
People v. Perez, 239 N.W.2d 432 (Mich. Ct. App. 1976). “984, and MCLA 767.71; MSA 28.1011* and assault with intent to commit murder, MCLA 750.”
People v. Melvin, 245 N.W.2d 178 (Mich. Ct. App. 1976). “984, MCLA 767.71; MSA 28.1011. People v Strutenski, 39 Mich App 72 ; 197 NW2d 296 (1972).”
People v. Fisher, 420 N.W.2d 858 (Mich. Ct. App. 1988). “He contends that the "open murder” statute under which he was charged, MCL 767.71; MSA 28.1011, requires the jury to first consider the lesser offense before considering the additional elements which serve to raise his culpability.”
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