People v. Fernandez

For many years, Michigan had no conspiracy statute as such. At common law, a conspiracy was an indictable offense, albeit a misdemeanor. People v Tenerowicz, 266 Mich 276, 282; 253 NW 296 (1934). Early on, the Michigan Supreme Court decided that even though only a misdemeanor at common law, the following statute made conspiracy a five-year felony:

Any person who shall commit any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5…