THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.2 Criminal cases; precedence; adjournment; continuance.
Sec. 2.
The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of civil cases shall not be interspersed between trials of criminal cases triable before a jury at any term of court. No adjournments, continuances or delays of criminal causes shall be granted by any court except for good cause shown in the manner provided by law for adjournments, continuances and delays in the trial of civil causes in courts of record: Provided, That no court shall adjourn, continue or delay the trial of any criminal cause by the consent of the prosecution and accused unless in his discretion it shall clearly appear by a sufficient showing to said court to be entered upon the record, that the reasons for such consent are founded upon strict necessity and that the trial of said cause cannot be then had without a manifest injustice being done.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17295 ;-- CL 1948, 768.2
Notes of Decisions
Cited in
52
cases (
1 in the last 5 years), 1964–2021 · leading case:
People v. Merritt, 238 N.W.2d 31 (Mich. 1976).
People v. Merritt, 238 N.W.2d 31 (Mich. 1976).
· cites it 2× “1025 provides: "The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of civil cases shall not be interspersed between trials of criminal cases triable before a jury at any term of court.”
People v. Bruinsma, 191 N.W.2d 108 (Mich. Ct. App. 1971).
· cites it 8× “The granting or denial of a continuance is governed by court rule, GCR 1963, 503, and statute, MCLA § 768.2 (Stat Ann 1954 Rev § 28.1025).”
People v. Snow, 182 N.W.2d 820 (Mich. Ct. App. 1970).
· cites it 4× “" See, also, MCLA § 768.2 (Stat Ann 1954 Rev § 28.1025).”
People v. Harrison, 191 N.W.2d 371 (Mich. 1971).
· cites it 2× “As noted above, MCLA § 768.2 (Stat Ann 1954 Rev § 28.1025) requires that continuances in criminal cases be granted only “for good cause shown”.”
People v. Bettistea, 434 N.W.2d 138 (Mich. Ct. App. 1988).
“This matter is governed by MCL 768.2; MSA 28.1025. Strict necessity and avoidance of manifest injustice is the test.”
People v. Parker, 257 N.W.2d 109 (Mich. Ct. App. 1977).
“MCLA 768.2; MSA 28.1025, GCR 1963, 503.1.”
People v. Pulley, 239 N.W.2d 366 (Mich. Ct. App. 1976).
“In considering such a request, MCLA 768.2; MSA 28.1025 provides in part: "No adjournments, continuances or delays of criminal causes shall be granted by any court except for good cause shown in the manner provided by law for adjournments, continuances and delays in the trial of…”
People v. Cheff, 194 N.W.2d 401 (Mich. Ct. App. 1971).
· cites it 3× “” MCLA 768.2; MSA 28.1025. This statute has support from an unending number of cases.”
People v. Duncan, 130 N.W.2d 385 (Mich. 1964).
“sufficient showing to said court to be entered upon the record, that the reasons for such consent are founded upon strict necessity and that the trial of said cause cannot be then had without a manifest injustice being dpne,” QL 1948, § 768.2 (Stat Ann 1954 Rev § 28-.1025), 4…”
People v. O'LEARY, 148 N.W.2d 516 (Mich. Ct. App. 1967).
“” CL 1948, § 768.2 (Stat Ann 1954 Eev § 28.1025). A continuance is a matter of discretion with the trial court.”
People v. Lakin, 186 N.W.2d 867 (Mich. Ct. App. 1971).
· cites it 2× “2 See MCLA § 768.2 (Stat Ann 1954 Rev § 28:1025).”
People v. Sherrod, 188 N.W.2d 221 (Mich. Ct. App. 1971).
· cites it 2× “3 MCLA § 768.2 (Stat Ann 1954 Rev § 28.1025).”
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.