Section 766.4 - Preliminary examination by magistrate; time; scope; exception.
THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
766.4 Preliminary examination by magistrate; time; scope; exception.
Sec. 4.
Except as provided in section 4 of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.4 of the Michigan Compiled Laws, the magistrate before whom any person is arraigned on a charge of having committed a felony shall set a day for a preliminary examination not exceeding 14 days after the arraignment. At the preliminary examination, a magistrate shall examine the complainant and the witnesses in support of the prosecution, on oath and, except as provided in section 2167 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2167 of the Michigan Compiled Laws, in the presence of the accused, in regard to the offense charged and in regard to any other matters connected with the charge that the magistrate considers pertinent.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17196 ;-- CL 1948, 766.4 ;-- Am. 1970, Act 213, Imd. Eff. Oct. 4, 1970 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 1988, Act 64, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 287, Eff. Mar. 1, 1994 ;-- Am. 1994, Act 167, Eff. Oct. 1, 1994
Compiler's Notes: Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Section 3 of Act 64 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 175 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Former Law: See section 13 of Ch. 163 of R.S. 1846, being CL 1857, § 5989; CL 1871, § 7855; How., § 9466; CL 1897, § 11850; and CL 1915, § 15677.