Sec. 48. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act exists in the particular case.
Mich. Comp. Laws § 767.48
Indictment; necessity of negativing statutory exception
Applied in 10 court decisions — leading case 26 Mich. App. 35 - People v. Nelson White (1970)
Most recently applied in 74 Mich. App. 19 - People v. Dean (March 1977)
1927, Act 175, Eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.