been committed contrary to the form of the statute or statutes; or: grant commis timony. of commission. 4. By reason of any other defect or imperfection in matters. of form which shall not tend to the prejudice of the defendant. (6044.) SEC. 35. When an issue of fact shall be joined upon when Court may any indictment, the Court in which the same is pending may, sion to take teaon application of the defendant, grant a commission to examine any material witnesses residing out of this State, in the same manner as in civil cases; and the prosecuting officer may, if he shall see fit, join in such commission, and name any material witnesses to be examined on the part of the People. (6045.) SEC. 36. Interrogatories to be annexed to such com- Execution, etc., mission shall be settled, and such commission shall be issued, executed and returned, in the manner prescribed by law in respect to commissions in civil cases, and the depositions taken thereon and returned, shall be read in the same cases, and with the like effect in all respects, as in civil suits. (6046.) SEc. 37. After an indictment shall be found against Person indicted any defendant, he may have witnesses examined in his behalf nesses examined conditionally, on the order of a Judge of the Court in which etc. the indictment is pending, in the same cases, upon the like notice to the Prosecuting Attorney, and with the like effect, in all respects, as in civil suits. may have Witconditionally, An Act Relative to Indictments. [Approved February 10, 1855. Tbok effect May 16, 1855. Laws of 1855, p. 141.] (6047.) SECTION 1. The People of the State of Michigan enact, Indictment for That in all indictments for murder and manslaughter, it shall contain. not be necessary to set forth the manner in which, or the means by which the death of the deceased was caused; but it shall be sufficient in any indictment for murder to charge that the defendant did willfully, and, of his malice aforethought, kill and murder the deceased; and it shall be sufficient, in any indictment for manslaughter, to charge that the defendant did kill and slay the deceased. forgery, etc. (6048.) SEC. 2. That in all indictments for forgery, or for In dictments for any of the offences mentioned in sections two, three, four, five, six, seven, twelve and thirteen, of chapter one hundred and fifty-five of the Revised Statutes, or for obtaining any instrument or signature thereto, by false tokens or pretences, and in all indictments for forgery at common law, and in all For perjury and subornation of sufficient. other cases, it shall not be necessary to set forth any copy of the instrument or writing, but it shall be sufficient to describe the same in such manner as would sustain an indict. ment for stealing the same. (6049.) SEC. 3. In indictments for perjury, or subornation perjury, what of perjury, or for endeavoring to incite, or procure any person to commit the crime of perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what Court, or before whom the oath was made, without stating the declaration itself, or other proceedings, or the commission or authority of the Court or person before whom such offence was committed. Proof of felony on trial for mis entitle defendant to acquittal. (6050.) SEC. 4. If, upon the trial of any person for a misdedemeanor not to meanor, the facts given in evidence amount in law to a felony, he shall not, by reason thereof, be entitled to an acquittal of such misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony on the same facts, unless the Court before which the trial shall be had, shall discharge the jury from giving any verdict upon such trial, and shall direct such person to be indicted for felony. Accessories, etc., may be charged, principal. (6051.) SEC. 5. Any number of accessories after the fact, or ete, without the receivers, buyers, or persons aiding in the concealment of any stolen money, goods, or property, may be charged with substantive felonies in the same indictment, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. Where several persons jointly indicted, victed. (6052.) SEc. 6. If two or more persons are indicted for more may be conjointly receiving, buying, or aiding in the concealment of any stolen property, and the evidence shall be that one or more persons separately, knowingly received, bought or aided in the concealment of any part of such property, the jury may convict, upon such indictment, those who are proved to have received, bought, or aided in the concealment of any part of such property. Venue need not be stated in body of indictment. Proviso. (6053.) SEC. 7. It shall not be necessary to state any venue in the body of any indictment, but the County, city, or other jurisdiction named in the margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment: Provided, That in cases where a local description is, or hereafter shall be required, such local description shall be given in the body of the indictment. ities not to vitiate (6054.) SEC. 8. No indictment for any offence shall be certain informalheld insufficient for want of the averment of any matter indictments. unnecessary to be proved, nor for the omission of the words "as appear by the record," nor because any person mentioned in the indictment is designated by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed, in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding the indictment, or any impossible day, or on a day that never happened, nor for [want of] a proper venue, nor for a want of a proper and formal conclusion, nor for want of the statement of value or price of any matter or thing, or the amount of the damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence. mal defects to be sworn. (6055.) SEC. 9. Every objection to any indictment, for any objection for for· formal defect apparent on the face thereof, shall be taken by taken before Jury demurrer, or motion to quash such indictment before the jury shall be sworn, and not afterwards; and every Court before whom such objection shall be taken for any formal defect, may, if it be thought necessary, cause the indictment to be Amendments. forthwith amended in such particular, and thereupon the trial shall proceed as if no defect had appeared. scribe record, port. (6056.) SEC. 10. Whenever in any indictment it shall be sufficient to denecessary to make any averment of any record, pleading, etc., by its pur warrant, mittimus, or other process, or any written instrument, it shall be sufficient to describe the same by its purport, without setting out any copy thereof. lowed in certain (6057.) SEC. 11. Any Court of Record in which the trial Amendments alof an indictment is had, may forthwith allow amendment in cases. case of variance between the statement in the indictment on which the trial is had, and the proof, in the following cases: in the names of any county or place stated in the indictment, in the name or description of any person or body stated to be the owner of any property, which is the subject of the offence charged, or alleged to have been injured by the commission of the offence, or the christian or sirname of any person, the name or description of any thing, the name or descrption of any writing, as well records as others, or the ownership of any property described in the indictment, and in all cases whenever the variance between the facts alleged in the indictment, Other am endments. Offence described in words of Stat ter verdict. and those proved by the evidence, are not material to the merits of the case. (6058.) SEC. 12. Such Court may direct such other amend ments in other parts of the indictment, as the making of the amendments in the last section mentioned shall render necessary, and may, in its discretion, proceed in or postpone such trial. (6059.) SEC. 13. When the offence charged has been created ute sufficient af by any statute, or the punishment of such offence has been 6 McLean, R., 56. declared by any statute, the indictment shall, after verdict, be held sufficient to warrant the punishment prescribed by the statute, if it describe the offence, in the words of the 1 Doug. Mich., 42. Misnomer may be amended. cient description etc. statute. (6060.) SEC. 14. Whenever the plea of a misnomer shall have been pleaded to an indictment, the Court in which it shall be pending may forthwith cause the indictment to be amended, and call upon the parties to plead thereto and to proceed as if no such plea had been pleaded. Money a suffi· (6061.) SEC. 15. In any prosecution for larceny or robbery of Bank Notes, of the money, bank notes, or promissory notes, or bills of exchange of any person, it shall be sufficient to allege generally in the indictment, a larceny or robbery of money; and it shall be sufficient to maintain the charge in the indictment, that any money, bank notes, promissory notes, or bills of exchange, were stolen or obtained by robbery. Value of several articles may be ively. (6062.) SEC. 16. In any indictment for larceny, or for any stated collect other offence in which the value or price of any property 5 Blackford, 224. shall be stated, it shall be sufficient to state the value or price of several articles collectively; and in case the defendant shall be found guilty, or shall plead guilty as to only a part, and a jury shall find, or the defendant by his plea shall admit, the value of such property, the Court shall render judgment in the same manner as if the separate value of each article of said property had been alleged in the indictment. jurisdiction need not be stated. Facts conferring (6063.) SEC. 17. In pleading a judgment or other determination of, or proceedings before, any Court or officer, the facts conferring jurisdiction need not be stated; but it shall be sufficient to state that the judgment or determination was duly rendered or made, or the proceedings duly had before such Court or officer. In libel, certain facts need not be set forth. (6064.) SEC. 18. An indictment for libel need not set forth any extrinsic facts, for the purpose of showing the application to the party libelled, of the defamatory matter on which the tween accesso fact and princi indictment is founded, but it shall be sufficient to state generally that the same was published of and concerning him. (6065.) SEC. 19. The distinction between an accessory before Distinctions bethe fact, and a principal, and between principals in the first ries before the and second degree in cases of felony, is abrogated; and all pais, and bepersons concerned in the commission of a felony, whether they in the first and directly commit the act constituting the offence, or aid and abolished. abet in its commission, though not present, may hereafter be indicted, tried and punished, as principals, as in the case of a misdemeanor. tween principals second degree 3 Gilman, 369. eral counts rela erty may be (6066.) SEC. 20. An indictment for larceny may contain also In larceny, sev a count for obtaining property by false pretences, or a count tive to same propfor embezzlement, or for receiving, having in possession, or joined. aiding in concealing the same property, knowing it to have been stolen, and the jury may convict of either offence; and the jury who shall try the same may find all or any of the persons indicted, guilty of either of the offences charged in the indictment. ply to all plead (6067.) SEC. 21. The preceding sections shall apply to all Provisions to ap pleas, replications or other proceedings. ings. |