Mich. Comp. Laws » Michigan Compiled Laws / Chapter 768 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 768.33 (2026)

Offense consisting of different degrees; subsequent trial prohibited.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


768.33 Offense consisting of different degrees; subsequent trial prohibited.

Sec. 33.

    When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted for any attempt to commit the offense charged in the indictment or to commit any degree of such offense.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17326 ;-- CL 1948, 768.33

FormerLaw Notes:

    See section 17 of Ch. 161 of R.S. 1846, being CL 1857, § 5953; CL 1871, § 7819; How., § 9429; CL 1897, § 11790; and CL 1915, § 15617.

Notes of Decisions
Cited in 11 cases, 1966–2012 · leading case: People v. Herron, 628 N.W.2d 528 (Mich. 2001).
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People v. Herron, 628 N.W.2d 528 (Mich. 2001). · cites it 8× “Additionally, we address whether the defendant’s conviction of involuntary manslaughter at the second trial, following his previous conviction of negligent homicide, was precluded by application of MCL 768.33, as proposed by Judge White. We conclude that MCL 768.”
People v. Reese, 815 N.W.2d 85 (Mich. 2012). · cites it 2× “The majority has selectively dissected the defense out of the lower court’s analyses and dispatched it from Michigan’s jurisprudence despite the fact that doing so was unnecessary and neither party requested 1 See also MCL 768.33, which states: “When a defendant shall be…”
People v. Harding, 506 N.W.2d 482 (Mich. 2006). · cites it 2× “MCL 768.33; MSA 28.1056. [4] See Committee for Constitutional Reform v Secretary of State, 425 Mich 336, 342 ; 389 NW2d 430 (1986); Traverse City School Dist v Attorney General, 384 Mich 390, 405 ;”
People v. Siebert, 507 N.W.2d 211 (Mich. Ct. App. 1993). · cites it 2× “Ohio">97 S Ct 2221 ; 53 L Ed 2d 187 (1977); People v Cook, 236 Mich 333, 335-336 ; 210 NW 296 (1926); People v Bower, 3 Mich App 585 ; 143 NW2d 142 (1966); MCL 768.33; MSA 28.1056. The cases cited are all distinguishable.”
People v. Wilson, 563 N.W.2d 44 (Mich. 1997). · cites it 2× “] [10] When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted for any attempt to commit the…”
People v. Harper, 188 N.W.2d 254 (Mich. Ct. App. 1971). · cites it 4× “To this legal (lockup) logic, I, of course, disagree.”
People v. McPherson, 175 N.W.2d 828 (Mich. Ct. App. 1970). · cites it 2× “1056), which provides as follows: “When a defendant shall he acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter he tried or convicted for a different degree of the same offense; nor shall he he tried or convicted…”
People v. Willie Johnson, 255 N.W.2d 207 (Mich. Ct. App. 1977). “Except as to count 2, the prosecutor has never relied on any theory of aiding and abetting and the jury was not instructed on defendant’s possible guilt as an aider or abettor of the sexual penetration accomplished by his accomplice.”
People v. Anderson, 233 N.W.2d 620 (Mich. Ct. App. 1975). “…maybe charged in the alternative. ” (Emphasis supplied.) 2 US Const, Ams V and XIV, Const 1963, art 1, § 15. See also MCLA 768.33; MSA 28.1056.”
People v. Wolff, 208 N.W.2d 457 (Mich. 1973). · cites it 2× “MCLA 768.33; MSA 28.1056 provides: "When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted…”
People v. Bower, 143 N.W.2d 142 (Mich. Ct. App. 1966). “CL 1948, § 768.33 (Stat Ann 1954 Rev § 28.1056). There is yet another compelling reason why this Court should set aside the conviction.”
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.