Section 769.5 - Alternative or combined penalties; power of court. - Michigan Statutes

State Codes and Statutes

Statutes > Michigan > Chapters-760-777 > Act-175-of-1927 > 175-1927-ix > Section-769-5

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

769.5 Alternative or combined penalties; power of court.

Sec. 5.

Whenever it is provided that an offender shall be punished by imprisonment and a fine, such offender may at the discretion of the court, be sentenced to be punished by such imprisonment without the fine or by such fine without the imprisonment; and whenever it is provided that an offense shall be punished by fine or imprisonment, the court may impose both such fine and imprisonment in its discretion. If the court shall impose both a fine, costs and imprisonment in any state prison or reformatory the offender shall be detained in said prison or reformatory until said fine and costs are paid, not exceeding however, the additional time expressed in said sentence for the non-payment of the same.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17333 ;-- CL 1948, 769.5
Former Law: See Act 115 of 1839; and Sec. 4 of Ch. 163 of R.S. 1846, being CL 1857, § 6103; CL 1871, § 7987; How., § 9603; CL 1897, § 11973; CL 1915, § 15846.

State Codes and Statutes

Statutes > Michigan > Chapters-760-777 > Act-175-of-1927 > 175-1927-ix > Section-769-5

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

769.5 Alternative or combined penalties; power of court.

Sec. 5.

Whenever it is provided that an offender shall be punished by imprisonment and a fine, such offender may at the discretion of the court, be sentenced to be punished by such imprisonment without the fine or by such fine without the imprisonment; and whenever it is provided that an offense shall be punished by fine or imprisonment, the court may impose both such fine and imprisonment in its discretion. If the court shall impose both a fine, costs and imprisonment in any state prison or reformatory the offender shall be detained in said prison or reformatory until said fine and costs are paid, not exceeding however, the additional time expressed in said sentence for the non-payment of the same.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17333 ;-- CL 1948, 769.5
Former Law: See Act 115 of 1839; and Sec. 4 of Ch. 163 of R.S. 1846, being CL 1857, § 6103; CL 1871, § 7987; How., § 9603; CL 1897, § 11973; CL 1915, § 15846.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Michigan > Chapters-760-777 > Act-175-of-1927 > 175-1927-ix > Section-769-5

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

769.5 Alternative or combined penalties; power of court.

Sec. 5.

Whenever it is provided that an offender shall be punished by imprisonment and a fine, such offender may at the discretion of the court, be sentenced to be punished by such imprisonment without the fine or by such fine without the imprisonment; and whenever it is provided that an offense shall be punished by fine or imprisonment, the court may impose both such fine and imprisonment in its discretion. If the court shall impose both a fine, costs and imprisonment in any state prison or reformatory the offender shall be detained in said prison or reformatory until said fine and costs are paid, not exceeding however, the additional time expressed in said sentence for the non-payment of the same.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17333 ;-- CL 1948, 769.5
Former Law: See Act 115 of 1839; and Sec. 4 of Ch. 163 of R.S. 1846, being CL 1857, § 6103; CL 1871, § 7987; How., § 9603; CL 1897, § 11973; CL 1915, § 15846.