Section 767.44 - Indictment; forms for particular offenses; bill of particulars.
THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
767.44 Indictment; forms for particular offenses; bill of particulars.
Sec. 44.
The following forms may be used in the cases in which they are applicable but any other forms authorized by this or any other law of this state may also be used:
Adultery—A.B., a married man, committed adultery with C.D.; or A.B. committed adultery with C.D., a married woman.
Affray—A.B. and C.D. made an affray.
Assault—A.B. assaulted C.D.
Assault and Battery—A.B. committed an assault and battery on C.D.
Assault with intent—A.B. assaulted C.D. with intent to murder, or kill, or rob, or maim, or rape (as the case may be).
Arson—A.B. committed arson by burning the dwelling house of C.D.
Attempt—A.B. attempted to steal from C.D.; A.B. attempted to commit larceny of the goods of C.D.; A.B. attempted to commit burglary of a building belonging to C.D. (as the case may be).
Burglary—A.B. committed burglary of the house of C.D. A.B. broke and entered the dwelling house of C.D. in the night time with intent to commit larceny, or murder, or robbery therein (as the case may be).
Conspiracy—A.B. and C.D. conspired together to murder E.F. or to steal the property of E.F. or to rob E.F. (as the case may be).
Forgery—A.B. forged a certain instrument purporting to be a promissory note (or describe instrument or give its tenor or substance).
Larceny—Embezzlement and false pretenses. A.B. stole from C.D. 1 horse of the value of more than 100 dollars.
Murder—A.B. murdered C.D.
Manslaughter—A.B. killed C.D.
Perjury—A.B. appeared as a witness in a case between C.D. and E.F. being heard before the (set forth the tribunal) and committed perjury by testifying as follows: (set forth the testimony).
Rape—A.B. raped or ravished C.D.
Rape (statutory)—A.B. raped or ravished C.D., she C.D. being then under the age of (statutory age) years.
Robbery Armed—A.B. robbed C.D., A.B. being armed.
Robbery—A.B. robbed C.D., A.B. not being armed.
Provided, That the prosecuting attorney, if seasonably requested by the respondent, shall furnish a bill of particulars setting up specifically the nature of the offense charged.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17258 ;-- CL 1948, 767.44
Former Law: See section 2 of Act 77 of 1855, being CL 1857, § 6048; CL 1871, § 7917; How., § 9528; CL 1897, § 11913; and CL 1915, § 15740.