THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.35 Plea of guilty; investigation by judge; sentence; refusal to accept.
Sec. 35.
Whenever any person shall plead guilty to an information filed against him in any court, it shall be the duty of the judge of such court, before pronouncing judgment or sentence upon such plea, to become satisfied after such investigation as he may deem necessary for that purpose respecting the nature of the case, and the circumstances of such plea, that said plea was made freely, with full knowledge of the nature of the accusation, and without undue influence. And whenever said judge shall have reason to doubt the truth of such plea of guilty, it shall be his duty to vacate the same, direct a plea of not guilty to be entered and order a trial of the issue thus formed.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17328 ;-- CL 1948, 768.35
FormerLaw Notes:
See Act 99 of 1875, being How., § 9558; CL 1897, § 11957; and CL 1915, § 15830.
Notes of Decisions
Cited in
125
cases, 1950–2017 · leading case:
People v. Schneff, 219 N.W.2d 47 (Mich. 1974).
People v. Schneff, 219 N.W.2d 47 (Mich. 1974).
· cites it 12× “He urged the Court of Appeals to vacate his plea on the grounds that the trial court failed to comply with the requirements of MCLA 768.35; MSA 28.1058 and GCR 1963, 785.”
People v. Breidenbach, 798 N.W.2d 738 (Mich. 2011).
· cites it 2× “In the event the accused shall plead guilty to both charges in such indictment, the court in addition to the investigation provided for in [MCL 768.35], and before sentencing the accused, shall conduct an examination of witnesses relative to the sexual delinquency of such person…”
People v. Coates, 188 N.W.2d 265 (Mich. Ct. App. 1971).
· cites it 13× “People (1878), 39 Mich 760 ; MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058); People v.”
People v. Rial, 249 N.W.2d 114 (Mich. 1976).
· cites it 4× “The scope of a probation violation hearing is limited. The procedure is summary and informal, not subject to the rules of evidence or pleadings applicable in criminal trials.”
People v. Wolff, 208 N.W.2d 457 (Mich. 1973).
· cites it 16× “But, regardless of whether MCLA 768.35; MSA 28.1058 is or is not mandatory, as my Sister MARY S.”
People v. Byrd, 162 N.W.2d 777 (Mich. Ct. App. 1968).
· cites it 6× “[4] This Court rule and its predecessor, Michigan Court Rule No 35A (1945), [5] and the statutory provisions of CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058), were specifically intended, and here properly employed, to protect the defendant under circumstances such as those…”
People v. Winegar, 158 N.W.2d 395 (Mich. 1968).
· cites it 4× “" Court Rule No 35A, § 2 (1945) was promulgated in furtherance of CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058), which provides: "Sec.”
People v. Rufus Williams, 192 N.W.2d 466 (Mich. 1971).
· cites it 5× “3(2); MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058).”
People v. Deneweth, 165 N.W.2d 910 (Mich. Ct. App. 1985).
· cites it 4× “3, MCLA § 768.35 [Stat Ann 1954 Rev § 28.1058]).”
People v. Haack, 240 N.W.2d 704 (Mich. 1976).
· cites it 2× “” MCLA 768.35; MSA 28.1058. 5 This court added: "We have little doubt that the entry of the plea by his attorney was *373 made with defendant’s agreement.”
People v. Johnson, 192 N.W.2d 482 (Mich. 1971).
· cites it 4× “MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058) deals with the acceptance of guilty pleas and requires the trial court to satisfy itself "* * * that said plea was made freely, with full knowledge of the nature of the accusation, and without undue influence.”
People v. Steele, 144 N.W.2d 834 (Mich. Ct. App. 1966).
· cites it 6× “[2] The judge proceeded to examine defendant to determine if the plea was made voluntarily pursuant to CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058): "The Court: All right.”
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