213 Mich. App. 67 | Mich. Ct. App. | 1995
ON REMAND
In these consolidated cases, defendants were charged by information rather than by indictment with delivery of a controlled substance, MCL 333.7401; MSA 14.15(7401). Defendants moved for discovery of grand jury testimony, which had assisted the prosecutor in bringing charges against them. The trial court granted defendants’ motions and ordered that defendants
The issue here is whether a defendant charged by information and not by indictment is entitled to grand jury testimony touching upon the defendant’s guilt or innocence. The prosecutor argues that discovery of grand jury testimony is unavailable to defendants because they are charged by information rather than by indictment as authorized by MCR 6.107 and MCL 767.19g; MSA 28.959(7). Although the prosecutor is correct that MCR 6.107 and MCL 767.19g; MSA 28.959(7) pertain to defendants charged by indictment, the definition of "indictment” as contained in the Code of Criminal Procedure specifically states that " '[i]ndictment’ means an . . . information.” MCL 761.1(d); MSA 28.843(d). In addition, MCL 767.2; MSA 28.942, which is contained in the same chapter of the Code of Criminal Procedure as MCL 767.19g; MSA 28.959(7), provides that "[a]ll provisions of the law applying to prosecutions upon indictments . . . shall, in the same manner and to the same extent as near as may be, be applied to informations and all prosecutions and proceedings thereon.” Similarly, the Penal Code defines "indictment” to include "information.” MCL 750.10; MSA 28.200.
Furthermore, in People v Bellanca, 386 Mich 708, 715; 194 NW2d 863 (1972), our Supreme Court held, on the basis of constitutional concerns, that a person accused of a crime by a grand jury has the
Affirmed.