Scruggs v. Allen County/City of Fort Wayne

Seruggs' appeal from his convictions is based upon the assertion that insofar as 1.C. § 35-834-1-1 permits a prosecution to be brought by information rather than by a grand jury indictment, it is unconstitutional. I do not necessarily disagree with the grounds upon which the majority affirms the trial court's dismissal of the Seruggs complaint. However, I believe there are two more clear eut reasons to do so.

First and foremost, our Supreme Court has specifically held that I.C. § 85-84-1-1 allowing prosecution by information is constitutional. Beverly v. State, 548 N.E.2d 1111 (Ind.1989).

Second…