Michigan Compiled Laws
175-1927-VIII - Chapter VIII Trials (768.1...768.37)
Section 768.33 - Offense Consisting of Different Degrees; Subsequent Trial Prohibited.

Sec. 33.
When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted for any attempt to commit the offense charged in the indictment or to commit any degree of such offense.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17326 ;-- CL 1948, 768.33 Former Law: See section 17 of Ch. 161 of R.S. 1846, being CL 1857, § 5953; CL 1871, § 7819; How., § 9429; CL 1897, § 11790; and CL 1915, § 15617.

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

175-1927-VIII - Chapter VIII Trials (768.1...768.37)

Section 768.1 - Speedy Trial; Right of Parties; Duty of Public Officers.

Section 768.2 - Criminal Cases; Precedence; Adjournment; Continuance.

Section 768.3 - Person Indicted; Presence at Trial.

Section 768.4 - Proof of Felony at Trial for Misdemeanor; Effect.

Section 768.5 - Defendants Jointly Indicted; Separation of Trials.

Section 768.6 - Commission of Offense in Certain State Institutions; Penalty.

Section 768.7 - Jurisdiction Over Cases Arising Under MCL 768.6; Proceedings; Examination; Warrant; Custody of Person Confined; Applicability of Section and MCL 768.6.

Section 768.7a - Commission of Crime During Incarceration in or Escape From Penal or Reformatory Institution; Felony Committed While on Parole; Term of Imprisonment; Supplementary Powers Conferred Upon Court.

Section 768.7b - Commission of Subsequent Felony by Person Charged With Felony; Consecutive Sentences; Report.

Section 768.8 - Issues of Fact to Be Tried by Jury; Waiver of Trial by Jury.

Section 768.9 - Challenge to Juror for Cause; Membership on Grand Jury.

Section 768.10 - Challenge to Juror for Cause; Effect of Opinion or Impression Not Positive in Character; Declaration by Juror.

Section 768.11 - Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978.

Section 768.12 - Peremptory Challenge; Offense Not Punishable by Death or Life Imprisonment; Number.

Section 768.13 - Peremptory Challenge; Offense Punishable by Death or Life Imprisonment; Number.

Section 768.14 - Jurors; Form of Oath.

Section 768.15 - Jurors; Affirmation in Lieu of Oath.

Section 768.16 - Jurors; Liberty; Oath and Duty of Officer in Charge.

Section 768.17 - Jurors; Medical Attendance; Use of Newspapers and Letters.

Section 768.18 - Jury; Impaneling; Number of Members; Qualifications; Excusing Jurors; Reducing Jury to 12 Members.

Section 768.19 - Perjury; Acts of Officer Under Oath.

Section 768.20 - Alibi as Defense in Felony Case; Notice of Intention to Claim Defense; Notice of Rebuttal; Disclosure and Calling of Additional Witnesses.

Section 768.20a - Insanity as Defense in Felony Case; Notice of Intention to Assert Defense; Examination; Independent Psychiatric Evaluation; Cooperation Required; Admissibility of Statements; Report; Notice of Rebuttal; Admissibility of Reports; “Qu...

Section 768.21 - Failure to File and Serve Notices or to State Names of Witnesses With Particularity; Exclusion of Evidence.

Section 768.21a - Persons Deemed Legally Insane; Burden of Proof.

Section 768.21b - Breaking Prison; Defense of Duress; Notices; Additional Witnesses; Consideration of Conditions.

Section 768.21c - Use of Deadly Force by Individual in Own Dwelling; "Dwelling" Defined.

Section 768.22 - Rules of Evidence; Applicability of Criminal and Quasi Criminal Proceedings; Evidence of Prior Conviction.

Section 768.23 - Exception; Necessity of Taking.

Section 768.24 - Evidence; Leading Question.

Section 768.25 - Evidence; Proof of Signature.

Section 768.26 - Evidence; Use of Former Testimony; Deposition for Defendant.

Section 768.27 - Evidence; Proof of Intent or Motive by Similar Acts.

Section 768.27a - Evidence That Defendant Committed Another Listed Offense Against Minor; Admissibility; Disclosure of Evidence to Defendant; Definitions.

Section 768.27b - Domestic Violence or Sexual Assault Offense; Commission of Other Domestic Violence Acts; Admissibility; Disclosure; Definitions; Applicability of Section.

Section 768.27c - Statement by Declarant; Admissibility; Circumstances Relevant to Trustworthiness; Disclosure; Privilege; Definitions; Applicability of Section.

Section 768.28 - Evidence; View by Jury.

Section 768.28a - Evidence Obtained Pursuant to Federal Court Order Authorizing or Approving Interception of Wire or Oral Communications; Admissibility.

Section 768.29 - Judge's Duty at Trial; Effect of Failure to Instruct.

Section 768.29a - Defense of Insanity in Criminal Action Tried Before Jury; Instructions.

Section 768.30 - Exception to Charge or Refusal to Charge; Necessity.

Section 768.31 - Joint Defendants; Discharge for Insufficient Evidence.

Section 768.32 - Indictment for Offense Consisting of Different Degrees or for Offense Specified in MCL 333.7401 and 333.7403; Finding of Jury or Judge; Instructions.

Section 768.33 - Offense Consisting of Different Degrees; Subsequent Trial Prohibited.

Section 768.34 - Discharged or Acquitted Prisoner; Liability for Costs or Fees.

Section 768.35 - Plea of Guilty; Investigation by Judge; Sentence; Refusal to Accept.

Section 768.36 - Defense of Insanity in Compliance With MCL 768.20a; Finding of “Guilty but Mentally Ill”; Waiver of Right to Trial; Plea of Guilty but Mentally Ill; Examination of Reports; Hearing; Sentence; Evaluation and Treatment; Discharge; Repo...

Section 768.37 - Under Influence of or Impairment by Alcoholic Liquor or Drug as Defense Prohibited; Exception; Definitions.