Malone v. Commonwealth

GRAVES, Justice.

I. FACTS

Based on a plea of guilty, Appellant, Gilbert Dewayne Malone, was convicted of three felonies in the Jefferson Circuit Court. Malone appealed the convictions on the ground that he was prosecuted by information rather than by indictment. On its own motion, the Court of Appeals requested transfer of the matter to this Court. The only issue before us is whether a circuit court has authority to adjudicate felony charges if the defendant waives his right to be prosecuted by indictment. That is, whether the constitutional requirement of an indictment by a grand *182jury in a…