Mich. Comp. Laws » Michigan Compiled Laws / Chapter 770 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 770.1 (2026)

Granting new trial to defendant.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


770.1 Granting new trial to defendant.

Sec. 1.

    The judge of a court in which the trial of an offense is held may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it appears to the court that justice has not been done, and on the terms or conditions as the court directs.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17355 ;-- CL 1948, 770.1 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981

FormerLaw Notes:

    See section 1 of Ch. 166 of R.S. 1846, being CL 1857, § 6082; CL 1871, § 7963; How., § 9576; CL 1897, § 11963; and CL 1915, § 15836.

Notes of Decisions
Cited in 66 cases (10 in the last 5 years), 1958–2026 · leading case: People v. Hampton, 285 N.W.2d 284 (Mich. 1979).
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People v. Hampton, 285 N.W.2d 284 (Mich. 1979). · cites it 4× “MCL 770.1; MSA 28.1098, provides: "The court in which the trial of any indictment shall be had may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or *373 when it shall appear to the court that justice has not been done, and on such…”
People v. Cress, 645 N.W.2d 669 (Mich. Ct. App. 2002). · cites it 6× “[MCL 770.1 (emphasis added).] See also MCR 6.”
People v. Lemmon, 576 N.W.2d 129 (Mich. 1998). · cites it 2× “1098 provides: The judge of a court in which the trial of an offense is held may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it appears to the court that justice has not been done, and on the terms or conditions as the…”
People v. Herbert, 511 N.W.2d 654 (Mich. 1993). · cites it 4× “" Compare MCL 770.1; MSA 28.1098, which states that a new trial may be granted "when it appears to the court that justice has not been done.”
People v Johnson, 545 N.W.2d 637 (Mich. 1996). · cites it 2× “§ 770.1, M.S.A. § 28.1098, and because he was denied a fair trial due to ineffective assistance of counsel.”
People v. DeLisle, 509 N.W.2d 885 (Mich. Ct. App. 1993). · cites it 2× “431(B); see also MCL 770.1; MSA 28.1098. The evidence presented at trial did not clearly weigh in defendant’s favor.”
People v. Gallagher, 323 N.W.2d 366 (Mich. Ct. App. 1982). · cites it 6× “In many instances, however, he theorized that the administration of justice would have been better served had the particular factual situation not occurred.”
People v. Manning, 450 N.W.2d 534 (Mich. 1990). · cites it 2× “People v Hampton, 407 Mich 354, 375 ; 285 NW2d 284 (1979); MCL 770.1; MSA 28.1098. [4] At the time Luna testified, he had not yet been sentenced.”
People v. Herrera, 514 N.W.2d 543 (Mich. Ct. App. 1994). “” MCL 770.1; MSA 28.1098; see also People v Johnson, 397 Mich 686, 687 ; 246 NW2d 836 (1976), overruled on other grounds by People v Hampton, 407 Mich 354, 368 ; 285 NW2d 284 (1979) (standard for directed verdict); People v Wells,”
People v. Bart, 558 N.W.2d 449 (Mich. Ct. App. 1997). · cites it 2× “MCL 770.1; MSA 28.1098 states: The judge of a court in which the trial of an offense is held may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it appears to the court that justice has not been done, and on the terms or…”
People v. Gonzalez-Raymundo, 862 N.W.2d 657 (Mich. Ct. App. 2014). “STANDARD OF REVIEW MCL 770.1 provides: The judge of a court in which the trial of an offense is held may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it appears to the court that justice has not been done, and on the…”
People v. Thornton, 269 N.W.2d 192 (Mich. 1978). · cites it 2× “Indeed, MCLA 770.1; MSA 28.1098 allows the trial court to grant a new trial on any ground on which an appellate court might reverse a defendant's conviction and grant him a new trial.”
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