Sec. 49.
In any indictment it is sufficient for the purpose of identifying the accused to state his true name, to state the name, appellation or nickname by which he has been or is known, to state a fictitious name, or to describe him as a person whose name is unknown or to describe him in any other manner. In stating the true name or the name by which the accused has been or is known or a fictitious name, it is sufficient to state a surname, a surname and 1 or more christian name or names, or a surname and 1 or more abbreviations or initials of a christian name or names. It is sufficient for the purpose of identifying any group or association of persons, not incorporated, to state the proper name of such group or association (if such there be), to state any name or designation by which the group or association has been or is known, to state the names of all the persons in such group or association or of 1 or more of them, or to state the name or names of 1 or more persons in such group or association referring to the other or others as "another" or "others". It is sufficient for the purpose of identifying a corporation to state the corporate name of such corporation, or any name or designation by which such corporation has been or is known. It is not necessary for the purpose of identifying any group or association of persons or any corporation to state or prove the legal form of such group or association of persons or of such corporation. In no case is it necessary to aver or prove that the true name of any person, group or association of persons or corporation is unknown to the grand jury, complainant or prosecuting officer. If in the course of the trial the true name of any person, group or association of persons or corporation identified otherwise than by the true name, is disclosed by the evidence, the court shall on motion of the accused or of the prosecuting attorney, and may without such motion, insert the true name in the indictment wherever the name appears otherwise.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17263 ;-- CL 1948, 767.49 Former Law: See sections 8 and 14 of Act 77 of 1855, being CL 1857, §§ 6054 and 6060; CL 1871, §§ 7923 and 7929; How., §§ 9534 and 9540; CL 1897, §§ 11919 and 11925; and CL 1915, §§ 15746 and 15752.
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
Section 767.1 - Courts of Record; Jurisdiction Over Prosecutions Upon Information.
Section 767.2 - Applicability of Indictment Laws to Informations.
Section 767.5a - Disclosing Identity of Informant; Privileged and Confidential Communications.
Section 767.6b - Public Accounting by Judge; Time, Filing.
Section 767.7 - Grand Jury; Summoning, Procedure.
Section 767.7a - Grand Jurors; Term of Service; Recalling.
Section 767.7c - Grand Jury Convened by Court of Appeals; Procedure; Jurisdiction.
Section 767.7d - Grand Jury Convened by Court of Appeals; Circumstances.
Section 767.7e - Grand Jury Convened by Court of Appeals; Duties of Court of Appeals.
Section 767.7f - Grand Jury Convened by Court of Appeals; Term; Extension; Dismissal; Recall.
Section 767.7g - Grand Jury Convened by Court of Appeals; Expansion of Jurisdiction; Petition.
Section 767.8 - Grand Jury; Juror; Grounds for Discharge; Summoning New Juror.
Section 767.9 - Grand Jurors; Alphabetical List; Administration and Form of Oath.
Section 767.10 - Grand Jury; Affirmation in Lieu of Oath.
Section 767.11 - Grand Jury; Size; Foreman, Appointment.
Section 767.12 - Grand Jury; Foreman; Term, Vacancy.
Section 767.13 - Grand Jury; Juror; Grounds of Objection to Competency.
Section 767.14 - Grand Jury; No Challenge of Array or Individual Juror in Other Cases.
Section 767.15 - Grand Jury; Witnesses; Administration of Oath, List.
Section 767.16 - Grand Jury; Clerk, Stenographer; Appointment, Duties.
Section 767.17 - Grand Jury; Summoning After Dismissal.
Section 767.18 - Grand Jury; Disclosure of Indictment for Felony.
Section 767.19 - Grand Jury; Testimony to Certain Facts Required.
Section 767.19c - Grand Jury; Witness, Failing to Appear, Contempt; Penalty; Purging.
Section 767.19d - Grand Jury; Perjury.
Section 767.19f - Grand Jury; Publication of Testimony Prohibited; Penalty, Exceptions.
Section 767.19g - Furnishing Testimony of Witness to Person Indicted by Grand Jury.
Section 767.20 - Grand Jury; Examination of Witnesses; Advice on Legal Matters.
Section 767.21 - Grand Jury; Prosecutor to Subpoena Witness.
Section 767.22 - Grand Jury; Appearances to Give Information; Deliberations or Vote of Grand Jury.
Section 767.23 - Grand Jury; Indictment, Vote Required; True Bill.
Section 767.23a - Grand Jury; Indictment; Specifying County Where Offense Took Place.
Section 767.25 - Indictment by Grand Jury; Indorsement; Presentment; Return; Filing; Inspection.
Section 767.26 - Discharge of Accused in Absence of Indictment.
Section 767.27 - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.
Section 767.27a-767.27c - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
Section 767.28 - Indictment; Right of Indictee to Copy.
Section 767.29 - Discontinuance or Abandonment of Indictment.
Section 767.30 - Warrant for Arrest of Indictee; Issuance, Persons.
Section 767.31 - Warrant for Arrest of Indictee; Persons to Whom Directed; Place of Execution.
Section 767.32 - Subpoena; Witness for Defendant; Issuance by County Clerk, Fee.
Section 767.33 - Subpoena; Witness for Defendant; Disobedience; Penalty, Civil Liability.
Section 767.34 - Witness; Issuance of Capias.
Section 767.36 - Witness; Subpoena by Prosecution; Necessity of Fee.
Section 767.37 - Indictee; Plea on Arraignment.
Section 767.38 - Indictee; Right to Trial or Admission to Bail.
Section 767.39 - Abolition of Distinction Between Accessory and Principal.
Section 767.40 - Information; Filing; Subscription.
Section 767.43 - Indictment; Form Generally.
Section 767.44 - Indictment; Forms for Particular Offenses; Bill of Particulars.
Section 767.45 - Contents of Indictment or Information; Felony in Which Motor Vehicle Used.
Section 767.46 - Indictment; Amendment of Certain Parts.
Section 767.47 - Indictment; Effect of Repugnant and Unnecessary Allegations.
Section 767.48 - Indictment; Necessity of Negativing Statutory Exception.
Section 767.49 - Indictment; Statement of Name of Individual, Association or Corporation.
Section 767.50 - Indictment; Description of Instrument.
Section 767.51 - Indictment; Allegation of Time.
Section 767.52 - Indictment; Allegation of Means of Offense.
Section 767.53 - Indictment; Allegation of Value or Price.
Section 767.54 - Indictment; Ownership; Allegation; Proof.
Section 767.55 - Indictment; Allegation of Certain Matters in the Alternative.
Section 767.56 - Indictment; Allegation of Prior Conviction.
Section 767.57 - Pleading; Statute or Statutory Right.
Section 767.58 - Pleading; Judgment or Proceeding.
Section 767.59 - Indictment; Unnecessary Formal Words and Phrases.
Section 767.60 - Indictment; Allegations in Embezzlement, Larceny and False Pretense Cases.
Section 767.62 - Place of Indictment, Trial and Conviction; Receiver of Stolen Property.
Section 767.63 - Place of Indictment; Removal of Stolen Property From Another County.
Section 767.67 - Indictment; Charging Accessory Without Principal; Substantial Felony.
Section 767.70 - Indictment for Libel; Statement of Application to Party Libelled.
Section 767.71 - Indictment for Murder and Manslaughter; Charging Act.
Section 767.73 - Indictment; Perjury; Sufficiency of Statement.
Section 767.74 - Indictment; Motion to Quash; Dilatory Plea; Proof.
Section 767.75 - Indictment; Certain Defects; Quashing Not Allowed; Remedy.
Section 767.77 - Commission to Examine Out-of-State Witness; Granting on Application of Defendant.
Section 767.78 - Commission to Examine Out-of-State Witness; Interrogatories; Reading of Deposition.
Section 767.79 - Conditional Examination of Witness for Defendant; Order; Notice to Prosecutor.
Section 767.80, 767.81 - Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970.
Section 767.82 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Section 767.83 - Indictment Involving Intent to Defraud; Sufficiency of Allegations and Proof.
Section 767.91 - Out of State Witnesses; Attendance; Definitions.
Section 767.92 - Attendance in Another State; Hearing; Summons; Custody; Fee.
Section 767.93 - Attendance From Without the State; Certificate; Fee.
Section 767.94 - Immunity of Witness.