Sec. 318.
The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder of the first or second degree; but, if such person shall be convicted by confession, the court shall proceed by examination of witnesses to determine the degree of the crime, and shall render judgment accordingly. All testimony taken at such examination shall be taken in open court and a typewritten transcript or copy thereof, certified by the court reporter taking the same, shall be placed in the file of the case in the office of the county clerk.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 295, Eff. Oct. 11, 1947 ;-- CL 1948, 750.318 Former Law: See section 3 of Ch. 153 of R.S. 1846, being CL 1857, § 5713; CL 1871, § 7512; How., § 9077; CL 1897, § 11472; CL 1915, § 15194; and CL 1929, § 16710.
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-XLV - Chapter XLV Homicide (750.316...750.329a)
Section 750.316 - First Degree Murder; Incarceration Order Upon Conviction; Penalty; Definitions.
Section 750.317 - Second Degree Murder; Penalty.
Section 750.317a - Delivery of Schedule 1 or 2 Controlled Substance; Death as Felony; Penalty.
Section 750.318 - Degree of Murder; Determination; Testimony, Open Court, Transcript.
Section 750.319 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.320 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.321 - Manslaughter.
Section 750.322 - Manslaughter; Wilful Killing of Unborn Quick Child.
Section 750.323 - Manslaughter; Death of Quick Child or Mother From Use of Medicine or Instrument.
Section 750.324, 750.325 - Repealed. 2008, Act 463, Eff. Oct. 31, 2010.
Section 750.326 - Immoderate Speed Not Dependent on Legal Speed.
Section 750.327 - Death Due to Explosives.
Section 750.327a - Sale of Explosives to Minors.
Section 750.328 - Death Due to Explosives; Placed With Intent to Destroy Building or Object.