Michigan Laws 763.6 – Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution
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Terms Used In Michigan Laws 763.6
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Indictment: means 1 or more of the following:
(i) An indictment. See Michigan Laws 761.1Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If any person who is indicted or informed against for any offense shall on his trial be acquitted upon the grounds of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in the form or substance of the indictment, he may be arraigned again on a new indictment for the same offense, notwithstanding such former acquittal.