Michigan Compiled Laws
175-1927-XIV - Chapter XIV Jurisdiction and Procedure of Justices' Courts in Criminal Cases (774.1...774.49)
Section 774.44 - Withdrawal or Dismissal of Appeal; Order Revoking Recognizance and Directing Sentence Be Carried Out.

Sec. 44.
If a defendant takes an appeal from a municipal court in a city that does not adopt a resolution of approval under section 23a of the Michigan municipal court act, 1956 PA 5, MCL 730.523, and withdraws the appeal, or if the circuit court dismisses the appeal leaving the municipal court conviction in effect, the circuit court may enter an order revoking a recognizance and may also direct that the sentence of the municipal court be carried out.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17469 ;-- CL 1948, 774.44 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1998, Act 407, Eff. Jan. 1, 1999 Former Law: See section 10 of Act 258 of 1849, being CL 1857, § 3961; CL 1871, § 5562; How., § 7130; CL 1897, § 1056; and CL 1915, § 15806.

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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-XIV - Chapter XIV Jurisdiction and Procedure of Justices' Courts in Criminal Cases (774.1...774.49)

Section 774.1 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.1a - Arraignment of Accused Charged With Misdemeanor or Ordinance Violation; Reading Charge to Accused; Entering Plea in Court's Minutes.

Section 774.1b - Plea of Not Guilty or Refusal to Plead; Setting Date for Trial; Right to Trial by Jury; Election.

Section 774.1c - Plea of Guilty or Nolo Contendere; Judgment.

Section 774.1d - Acquittal of Accused in Misdemeanor or Ordinance Violation Case; Discharge; Costs.

Section 774.1e - Refusal By, or Neglect Of, Complainant to Pay Costs; Judgment; Execution; Disposition of Money Collected.

Section 774.2 - Docket; Contents; Form; Filing.

Section 774.2a - Docket; Cover or Binder for Docket Sheets; Alphabetical Index; Forms and Dockets to Be Furnished by County.

Section 774.2b - File for Criminal Case; Contents.

Section 774.3 - Dockets, Files, and Indexes as Public Records; Inspection and Examination; Delivery of Completed Dockets With Indexes to County Clerk; Destruction of Files.

Section 774.3a - Docket; Admissibility as Evidence.

Section 774.4-774.8 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.9 - Authority of Municipal Court Judge to Issue Subpoena and Administer Oaths in Misdemeanor and Ordinance Violation Cases.

Section 774.10 - Jurors or Witness; Failure to Appear or Refusal to Be Sworn or to Testify; Liability.

Section 774.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.12 - Summoning Jury of 6 Persons; Method.

Section 774.13 - Directing Disinterested Person to Strike Out Names for Parties; Issuance of Venire.

Section 774.14 - Police Officer to Summon Jurors; List; Returning List With Venire to Court.

Section 774.15 - Supplying Deficiency in Number of Jurors.

Section 774.16 - Former Service as Juror as Cause for Challenge.

Section 774.17 - Peremptory Challenges.

Section 774.18 - New Jury; Continuation of Proceedings; Consent to Trial by Court.

Section 774.19 - Oath or Affirmation to Be Administered Jurors in Misdemeanor or Ordinance Violation Case.

Section 774.20 - Jurors; Sitting Together and Hearing Proofs and Allegations; Agreement on Verdict or Discharge; Officer to Take Charge of Jury.

Section 774.21 - Jurors; Delivery of Verdict; Fees; Certificate.

Section 774.22 - Judgment and Sentence; Costs and Expenses; Punishment.

Section 774.22a, 774.22b - Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990.

Section 774.22c - Psychiatrists and Expenses of Confinement; Reference.

Section 774.23-774.25 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.26 - Fines and Costs.

Section 774.26a - Blank Forms for Recording Information Concerning Money Received in Criminal Case; Approval; Completion.

Section 774.26b - Blank Receipt Forms; Use; Copies.

Section 774.26c - Account in Financial Institution for Money Received in Criminal Cases; Deposits and Withdrawals; Secured Deposits; Limitation on Acceptable Assets; “Financial Institution” Defined.

Section 774.26d - Noncompliance as Misdemeanor.

Section 774.27 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.28 - Neglecting to Pay Fine or Costs; Action by County Treasurer; Neglecting to Pay Over Fine to County Treasurer as Misdemeanor; Punishment; Judge to Keep Exact Record of Proceedings; Liability.

Section 774.29, 774.30 - Repealed. 1957, Act 274, Eff. Sept. 27, 1957.

Section 774.31 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.32, 774.33 - Repealed. 1957, Act 274, Eff. Sept. 27, 1957.

Section 774.34 - Appeal to Circuit Court; Practice and Procedure.

Section 774.35-774.41 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.42 - Circuit Court; Continuing Recognizance or Requiring New Recognizance; Default.

Section 774.43 - Circuit Court; Discharge of Defendant if Found Not Guilty; Entering Judgment, Sentence, and Imposing Costs if Defendant Convicted on Appeal; Remanding Defendant Back to County Jail; Credit for Fine Paid.

Section 774.44 - Withdrawal or Dismissal of Appeal; Order Revoking Recognizance and Directing Sentence Be Carried Out.

Section 774.45 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 774.46 - Issuing Writs and Process; Construction.

Section 774.47 - Municipal Court Having More Than 1 Judge; Powers of Any Judge in Connection With Trial and Disposition of Case.

Section 774.48 - Delivery of Files, Indexes, and Dockets to Successor of Municipal Judge; Audit of Judge's Records; Audit Report; Certificate; Effectiveness.

Section 774.49 - Municipal Court to Be Governed by Statutes and Supreme Court Rules Applicable to District Court; Exceptions.