Unsuccessful attempt to commit offense. Penalties. When no provision SEC. 14. Every person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows: 1. If the offense attempted to be committed is such as is punishable with death, the person convicted of such attempt shall be punished by imprisonment in the state prison not more than ten years; 2. If the offense so attempted to be committed is punishable by imprisonment in the state prison for life, or for five years or more, the person convicted of such attempt shall be punished by imprisonment in the state prison not more than five years or in the county jail not more than one year; 3. If the offense so attempted to be committed is punishable by imprisonment in the state prison for a term less than five years, or by imprisonment in the county jail or by fine, the offender convicted of such attempt shall be punished by imprisonment in any state prison or reformatory not more than two years or in any county jail not more than one year or by a fine not to exceed one thousand dollars; but in no case shall the imprisonment exceed one-half of the greatest punishment which might have been inflicted if the offense so attempted had been committed. SEC. 15. Every person who shall commit any indictable offense at the common law, for the punishment of which no ment made. provision is expressly made by any statute of this state, shall for punish When sheriff to execute sentence. When convict imprisonment. be punished by imprisonment in any state prison or reformatory not more than five years, or in the county jail not more than one year, or by fine not exceeding two thousand dollars, or both, in the discretion of the court. SEC. 16. When any person convicted of an offense shall be sentenced to pay a fine or costs, or to be imprisoned in the county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county or some officer in court, a transcript from the minutes of the court, of the conviction and sentence duly certified by such clerk, which shall be sufficient authority for the sheriff to execute such sentence, and he shall execute the same accordingly. SEC. 17. When any convict shall be sentenced to imprisonsentenced to ment in the state prison, the clerk of the court before whom such conviction was had, shall make out a warrant, under the seal of the court, directed to the sheriff of the county, requir ing him to cause such convict, without needless delay, to be removed from the county jail to the state prison, which warrant shall be delivered to such sheriff and be obeyed by him and shall be accompanied by a certified abstract from the minutes of the court, of such conviction and sentence as aforesaid. clerk when crime. SEC. 18. Whenever a person shall be convicted of crime Duty of and sentenced to imprisonment pursuant to the provisions of person this chapter, the clerk of the court shall make and forward to convicted of the warden or superintendent of the institution to which the convict is sentenced, and also to the governor, a record containing a copy of the information or complaint, the sentence pronounced by the court, the name and residence of the judge. presiding at the trial, prosecuting attorney and sheriff, and the names and postoffice addresses of the jurors and the witnesses sworn on the trial, together with a statement of any fact or facts which the presiding judge may deem important or necessary for a full comprehension of the case, and a reference to the statute under which the sentence was imposed. One copy of the said record shall be delivered to the warden or superintendent at the time the prisoner is received into the institution, and one copy shall be forwarded to the governor within ten days thereafter. In each case in which he shall perform the duties required by this act, the clerk of the court shall be entitled to such compensation as shall be certified to be just by the presiding judge at the trial, not to exceed three dollars for any one case, which shall be paid by the county in which the trial is had as a part of the expense of such trial. of crime SEC. 19. When any person shall be convicted of any crime Conviction punishable with death and sentenced to suffer such punish- punishable ment, he shall at the same time be sentenced to hard labor in with death. the state prison until such punishment of death shall be inflicted. sentenced SEC. 20. And no person, so sentenced and imprisoned shall When death be executed in pursuance of such sentence within one year executed. from the day such sentence of death was passed, nor until the whole record of the proceedings shall be certified by the clerk of the court in which the conviction was had, under the seal thereof to the governror of this state nor until a warrant shall be issued by the governor, under the great seal of the state, directed to the sheriff of the county in which the state prison may be situated, commanding the said sentence of death to be carried into execution. inflicted. SEC. 21. The punishment of death shall, in every case, be How inflicted by hanging the convict by the neck until he is dead; and the sentence shall at the time directed by the warrant, be executed within the walls of the state prison, or within the enclosed yard thereof. SEC. 22. The sheriff of the county shall be present at the who place of execution, unless prevented by sickness or other present at. casualty, and also two of his deputies, designated by him; and he shall request the presence of the prosecuting attorney, and twelve respectable citizens, including a surgeon or physician, and shall permit the counsel of the prisoner and such ministers of the gospel as the criminal shall desire, and his relations, to be present, also such officers of the prison, Return made by sheriff. When penalty in excess of law. Where imprisoned. Proviso. When judg- New trial, when granted. deputies, constables, and military guard, as he may see fit, but no others. SEC. 23. Whenever a sheriff shall inflict the punishment of death upon any convict in obedience to a warrant from the governor, he shall make return thereof under his hand, with his doings thereon, to the office of the secretary of state, as soon as may be; and shall also transmit to the clerk of the court in which the conviction was had, an attested copy of the warrant and return thereon; and the clerk shall place the same on file, with the indictment, and subjoin to the record of the sentence, a brief abstract of the sheriff's return on the warrant. SEC. 24. Whenever, in any criminal case, the defendant shall be adjudged guilty and a punishment by fine or imprisonment shall be imposed in excess of that allowed by law, the judgment shall not for that reason alone be judged altogether void, nor be wholly reversed and annulled by any court of review, but the same shall be valid and effectual to the extent of the lawful penalty, and shall only be reversed or annulled on writ of error or otherwise, in respect to the unlawful excess. SEC. 25. Any court of criminal jurisdiction in this state shall have power in the discretion of the court, to sentence any male person convicted for the first time of any offense, rape, murder and treason excepted, punishable by imprisonment in the state prison, to imprisonment in the Michigan reformatory at Ionia or the Detroit house of correction, instead of the state prison, and every such person so sentenced shall be received into the said reformatory or house of correction, and shall be kept and employed therein in the manner prescribed by law, and shall be subject to the rules and discipline of the said reformatory or house of correction: Provided, That on the discharge of prisoners at the expiration of their terms of imprisonment in said Detroit house of correction they shall be returned to their homes in the state, if known, at the expense of the Detroit house of correction. SEC. 26. No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice. CHAPTER X. New Trials, Writs of Error and Bills of Exceptions. SECTION 1. The court in which the trial of any indictment shall be had may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it shall appear to the court that justice has not been done, and on such terms or conditions as the court shall direct. SEC. 2. Motions for new trials shall be made within thirty Motions for, days after verdict, and not afterwards. when made. error. SEC. 3. Writs of error in criminal cases shall issue only writs of in the discretion of the supreme court or any justice thereof, on proper application therefor. to prosecut SEC. 4. Any person desiring to secure a writ of error under Notice given the provisions of this act shall, within twenty days after ing attorney. judgment, or within ten days after denial of a motion for new trial, prepare a concise statement of what is involved in the case and the errors relied upon, and shall notice the same upon the prosecuting attorney for settlement before the trial judge, so that such statement may be amended, settled and signed by the trial judge within thirty days after judgment or denial of motion for a new trial. time for SEC. 5. The time for noticing and securing the settlement Extension of of such statement may, upon good cause shown, be extended by noticing, etc. the trial court, upon proper application therefor and notice. to the prosecuting attorney. The order granting such extension shall be returned to the supreme court together with the application for the writ of error. supreme SEC. 6. Such statement when settled and signed shall be Statement presented to the supreme court or any justice thereof within presented to ten days after the same is so settled and signed, and shall be court. the basis of the application to the supreme court for a writ of error. court. SEC. 7. Notice of the decision of the supreme court on Notice of such application for a writ of error shall forthwith be trans- decision of mitted by the clerk of the supreme court to the prosecuting attorney and to the attorney for the defendant. bail. SEC. 8. During the time between judgment and the de- Defendant cision of the supreme court or any justice thereof on the admitted to application for a writ of error under this act, the trial judge may, in his discretion, admit the defendant to bail, if the offense charged is bailable. admitted to SEC. 9. Upon granting application for a writ of error the Appellant appellant may, in the discretion of the supreme court or any bail. justice thereof, be admitted to bail, if the offense charged be bailable. SEC. 10. Bills of exceptions in criminal cases shall be Bills of settled only within the time and in the manner hereinafter exceptions. provided. SEC. 11. If the application for such writ of error is when writ granted, the appellant shall have not less than twenty days granted. thereafter in which to settle a bill of exceptions. Further time for settlement of a bill of exceptions may be granted by the trial judge in the same manner as is now provided in civil cases; such time, however, shall not exceed in all three months from the date of the order granting application for a writ of error by the supreme court: Provided, Upon proper appli- Proviso. cation before expiration of the time and for good cause shown, Writ of error, when taken. How issued. Court to adopt rules the supreme court or any justice thereof may extend such time not to exceed one year from the date of judgment. SEC. 12. A writ of error may be taken by and on behalf of the people of the state of Michigan in accordance with the provisions of this act in the following instances: (a) From a decision or judgment quashing or setting aside any indictment where such decision or judgment is based upon the invalidity or construction of the statute upon which such indictment is founded; (b) From a decision arresting a judgment of conviction or directing a judgment of acquittal for insufficiency of the indictment, where such decision is based upon the invalidity or construction of the statute upon which such indictment is founded. The right of the defendant to bail upon issuance of a writ of error under the provisions of this section shall be governed by the provisions of chapter five of this act. SEC. 13. Writs of error granted by the supreme court under the provisions of this act shall be issued after the settlement of the bill of exceptions, and in the same manner as is now provided in civil cases. SEC. 14. As soon as practicable after the passage of this of practice. act the supreme court shall adopt such rules of practice as may be necessary to carry out the provisions of said act. Acts repealed. SEC. 15. All acts and parts of acts relative to exceptions before sentence in criminal cases, and all other provisions of law inconsistent with the provisions of this chapter, are hereby expressly repealed. When defendant placed on probation. Proviso. Period of. CHAPTER XI. Probation. SECTION 1. In all prosecutions for crimes or misdemeanors, except murder, treason, robbery while armed, and breaking and entering an occupied dwelling house in the night time, where the defendant has been found guilty upon verdict or plea, and where the court has power to sentence such defendant to fine or imprisonment, and where it appears to the satisfaction of the court that the defendant is not likely again to engage in an offensive or criminal course of conduct and that the public good does not require that the defendant shall suffer the penalty imposed by law, said court shall have the power to place the defendant on probation under the charge and supervision of a probation officer: Provided, That no person who has been twice convicted of a felony in this state or elsewhere, shall be so placed on probation. SEC. 2. If respondent is convicted of an offense not a felony the period of probation shall not exceed two years, and if he is convicted of a felony, it shall not exceed five years. The court shall by order, to be filed or entered in the cause as the court may direct by general rule or in each case fix |