Mich. Comp. Laws » Michigan Compiled Laws / Chapter 769 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 769.26 (2026)

Error in pleading or procedure; effect.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.26 Error in pleading or procedure; effect.

Sec. 26.

    No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17354 ;-- CL 1948, 769.26

FormerLaw Notes:

    See Act 89 of 1915, being CL 1915, § 14565.

Notes of Decisions
Cited in 850 cases (151 in the last 5 years), 1950–2026 · leading case: People v. Houthoofd, 487 Mich. 568 (Mich. 2010).
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People v. Houthoofd, 487 Mich. 568 (Mich. 2010). · cites it 48× “However, because improper venue is not a constitutional structural error, this matter is subject to a harmless error analysis under MCL 769.26. In this case, defendant was not deprived of his due process right to a fair trial before an impartial jury and there has been no…”
People v. Hawthorne, 713 N.W.2d 724 (Mich. 2006). · cites it 26× “MCL 769.26 sets forth a presumption that such an error does not warrant reversal "unless `after an examination of the entire cause, it shall affirmatively appear' that it is more probable than not that the error was outcome determinative.”
People v. Schaefer, 703 N.W.2d 774 (Mich. 2005). · cites it 18× “" [69] Specifically, by enacting MCL 769.26, our Legislature has provided: No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or…”
People v. Feezel, 783 N.W.2d 67 (Mich. 2010). · cites it 8× “We hold that the error resulted in a miscarriage of justice, which therefore requires reversal under MCL 769.26. In addition, defendant's conviction under MCL 257.”
People v. Cornell, 646 N.W.2d 127 (Mich. 2002). · cites it 8× “MCL 769.26 provides: No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for any error as to any matter…”
People v. Mateo, 551 N.W.2d 891 (Mich. 1996). · cites it 15× “OPINION BOYLE Justice. We granted leave in this case to determine the standard of review on appeal of preserved error that does not involve a constitutional claim.”
People v. Lukity, 596 N.W.2d 607 (Mich. 1999). · cites it 8× “2d 891 (1996), this Court held: In Michigan, the harmless-error rule is primarily embodied in statute [MCL 769.26; MSA 28.1096], with additional statements of the doctrine in our court rule [MCR 2.”
People v. Young, 693 N.W.2d 801 (Mich. 2005). · cites it 13× “, that reversal is automatically required when the court fails to give an instruction upon request, conflicts with MCL 769.26. That provision states: No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case,…”
People v. Carter, 612 N.W.2d 144 (Mich. 2000). · cites it 8× “MCL 769.26; MSA 28.1096; People v. Howe, 392 Mich.”
People v. Hall, 460 N.W.2d 520 (Mich. 1990). · cites it 16× “[MCL 769.26; MSA 28.1096. Emphasis added.] MCL 769.”
People v. Williams, 769 N.W.2d 605 (Mich. 2009). · cites it 8× “MCL 769.26; People v. Lukity, 460 Mich. 484, 495 , 596 N.”
People v. Graves, 581 N.W.2d 229 (Mich. 1998). · cites it 8× “1096, the statutory statement of harmless error which establishes that a defendant should not be granted a new trial on the ground of misdirection of the jury unless it appears after examination of the entire record that the error resulted in a miscarriage of justice.”
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— Mich. Comp. Laws § 769.26(1) — 1 case
People of Michigan v. Joshua Webb Smith (Mich. Ct. App. 2026).
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.