581 N.W.2d 727
No. 109797.Supreme Court of Michigan.
Decided April 21, 1998.
Summary Dispositions April 21, 1998:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is modified as follows. To convict defendant of the charged offense, the prosecutor must prove, among other elements, that defendant intentionally made a false statement. MCR 7.302(F)(1). This requires both that the message defendant intended to communicate was false and that the likely addressee or addressees of the statement would receive false information. Whether false information was in fact communicated depends on the meaning that the addressee assigned to “indictment;” whether it was intended depends on the meaning that defendant intended the addressee to take from “indictment.” Although it is evidence of one meaning that may be assigned to “indictment,” the definition of that term for use in the Penal Code, MCL 750.10; MSA 28.200, does not conclusively establish the meaning of “indictment” for the statement in question. In all other respects the delayed application for leave to appeal is denied because the Supreme Court is not persuaded that the question presented should be reviewed prior to the proceedings ordered by the Court of Appeals and any further subsequent review by the Court of Appeals.
Court of Appeals No. 183881.