Archer, J.
In this case, we must decide whether the Court of Appeals erred in granting an order of superintending control reversing the trial court’s order granting a new trial in a criminal case.
We hold that the Court of Appeals lacked jurisdiction to invoke its extraordinary power to issue an order of superintending control in this case; therefore, the Court of Appeals erred in reversing the trial court’s order granting a new trial.
i
The defendant, Brian Burton, was arrested and charged in connection with a homicide committed during the armed robbery of a lounge. Following a jury trial, he was convicted on March 21, 1985, of [136]*136first-degree felony murder, MCL 750.316; MSA 28.548, armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during .the commission of a felony, MCL 750.227b; MSA 28.424(2). The trial judge sentenced Mr. Burton to terms of mandatory life in prison for the felony-murder conviction, fifteen to thirty years for the armed robbery conviction, and to a mandatory two years for the felony-firearm conviction. The defendant filed an appeal as of right in the Court of Appeals.
About four months after the trial, the victim’s wife, Mrs. To I DuPuis, contacted the trial prosecutor and indicated that her testimony, which she gave at trial, was not factually correct. Mrs. DuPuis gave a statement to the prosecutor. The prosecutor, shortly thereafter, advised the defendant’s attorney by letter of Mrs. DuPuis’ disclosure. Following a motion by the defendant’s attorney, the Court of Appeals remanded the case to the trial court to allow the defendant to make a motion for a new trial on the issue whether Mrs. DuPuis’ disclosure constituted newly discovered evidence. The Court of Appeals retained jurisdiction.
At the posttrial evidentiary hearing, Mrs. DuPuis testified that she was very scared that if she told the prosecutor at trial what happened the night her husband was killed, she probably would be killing all of her family. But after consulting a relative, Mrs. DuPuis contacted a police officer who was in charge of the case. Mrs. DuPuis testified that she was working in the lounge the night her husband was killed. As they were closing, Mrs. DuPuis said that she was turning off the television when she heard two shots. When she went down the hallway, she said that a blond-haired white male wearing a mask and carrying a small gun grabbed her and threw her to the floor. She said [137]*137that it seemed as if the man was ready to shoot her. Meanwhile, she said that she heard another voice from the back of the bar say, "Don’t do it.” Mrs. DuPuis said that the voice was not that of the defendant, but later in her testimony she said that she couldn’t recognize the voice.
She testified that the masked man said that if she told anybody that she saw anybody in the bar or heard any voice that he would come back and kill all of her family and blow her head off too. Then she said the blond man with the mask left and she heard a door closing. She went to the back of the bar and found her husband’s body. After her husband’s death, Mrs. DuPuis said she received two phone calls. Each of the callers repeated the threat of the masked man.
At the defendant’s trial, Mrs. DuPuis testified on cross-examination that she saw no one in the back hall of the lounge other than her husband. She also said she did not hear anything in the back hall.
The defendant, who is black, testified at trial that he met three white men and planned with them to steal some beer and liquor from the lounge. But the defendant, a former employee at the lounge, testified that he never entered the bar and never planned or assisted in an armed robbery of Mr. DuPuis. The defendant said he was unaware that the three men were armed with a rifle prior to the time they handed it to him as they left the lounge. He didn’t actually participate in stealing the liquor from the lounge, the defendant testified.
The prosecution’s theory at trial, on the basis of Mrs. DuPuis’ original testimony, was that no one else was involved in the robbery and shooting. However, the defendant argued that the posttrial testimony was consistent with his testimony and [138]*138the defense theory that other white individuals were in the bar. The prosecutor argued that the additional testimony did not make a different result probable on retrial because of the overwhelming evidence against the defendant.
During the trial, two police officers testified that they saw the defendant’s car in a gas station across the street from the site of the robbery and murder. After watching the car for some time, the officers left, went to a doughnut shop, and came back. The officers said they noticed that the car was leaving the gas station with its lights out at about 2:00 a.m. After stopping the car, the officers approached and saw a rifle on the front seat. After ordering the defendant out, the officers saw money and receipts from the lounge on the floor of the car. The officers then heard a radio message that there had been a shooting at the lounge. The defendant was arrested, and the evidence was admitted at trial. Subsequently, it was determined that the rifle found on the front seat of the defendant’s car was the murder weapon. The defendant also had a key to the lounge which he admitted he had stolen.
After hearing the arguments at the posttrial hearing, the trial court granted the defendant’s motion for a new trial. The prosecutor challenged the trial court’s decision by seeking an order of superintending control in the Court of Appeals. Before the Court of Appeals ruled on the complaint for superintending control, the first panel which had retained jurisdiction during the remand of the case to the trial court dismissed the defendant’s appeal as of right, finding that the defendant had received the relief requested at the trial court level. Meanwhile, the second panel considered the prosecutor’s complaint for superintending control. On February 19, 1986, the Court of Ap[139]*139peals, in a two-to-one decision, granted the complaint for superintending control and reversed the trial court’s decision. The defendant sought leave to appéal, and we granted leave, 425 Mich 872 (1986).
n
In exercising the power of superintending control over a lower court, a reviewing court is invoking an extraordinary power.1 Under its constitutional power, this Court adopted MCR 7.203(C) which provides the jurisdiction of the Court of Appeals for extraordinary writs, original actions, and enforcement actions. MCR 7.203(C)(1) provides that the Court may entertain an action for "superintending control over a lower court or a tribunal immediately below it arising out of an action or proceeding which, when concluded, would result in an order appealable to the Court of Appeals.” MCR 3.302(C) provides that superintending control is to be used in place of the former writs of certiorari, mandamus, and prohibition. An order of superintending control, comparable to a writ of certiorari, traditionally has been used only to determine "if the inferior tribunal, upon the record made, had jurisdiction, whether or not it exceeded that jurisdiction and proceeded according to law.” Genesee Prosecutor v Genesee Circuit Judge, 386 Mich 672; 194 NW2d 693 (1972), quoting In re Fredericks, 285 Mich 262; 280 NW2d 464 (1938). The review in such a case is limited only to questions of law._
[140]
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Archer, J.
In this case, we must decide whether the Court of Appeals erred in granting an order of superintending control reversing the trial court’s order granting a new trial in a criminal case.
We hold that the Court of Appeals lacked jurisdiction to invoke its extraordinary power to issue an order of superintending control in this case; therefore, the Court of Appeals erred in reversing the trial court’s order granting a new trial.
i
The defendant, Brian Burton, was arrested and charged in connection with a homicide committed during the armed robbery of a lounge. Following a jury trial, he was convicted on March 21, 1985, of [136]*136first-degree felony murder, MCL 750.316; MSA 28.548, armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during .the commission of a felony, MCL 750.227b; MSA 28.424(2). The trial judge sentenced Mr. Burton to terms of mandatory life in prison for the felony-murder conviction, fifteen to thirty years for the armed robbery conviction, and to a mandatory two years for the felony-firearm conviction. The defendant filed an appeal as of right in the Court of Appeals.
About four months after the trial, the victim’s wife, Mrs. To I DuPuis, contacted the trial prosecutor and indicated that her testimony, which she gave at trial, was not factually correct. Mrs. DuPuis gave a statement to the prosecutor. The prosecutor, shortly thereafter, advised the defendant’s attorney by letter of Mrs. DuPuis’ disclosure. Following a motion by the defendant’s attorney, the Court of Appeals remanded the case to the trial court to allow the defendant to make a motion for a new trial on the issue whether Mrs. DuPuis’ disclosure constituted newly discovered evidence. The Court of Appeals retained jurisdiction.
At the posttrial evidentiary hearing, Mrs. DuPuis testified that she was very scared that if she told the prosecutor at trial what happened the night her husband was killed, she probably would be killing all of her family. But after consulting a relative, Mrs. DuPuis contacted a police officer who was in charge of the case. Mrs. DuPuis testified that she was working in the lounge the night her husband was killed. As they were closing, Mrs. DuPuis said that she was turning off the television when she heard two shots. When she went down the hallway, she said that a blond-haired white male wearing a mask and carrying a small gun grabbed her and threw her to the floor. She said [137]*137that it seemed as if the man was ready to shoot her. Meanwhile, she said that she heard another voice from the back of the bar say, "Don’t do it.” Mrs. DuPuis said that the voice was not that of the defendant, but later in her testimony she said that she couldn’t recognize the voice.
She testified that the masked man said that if she told anybody that she saw anybody in the bar or heard any voice that he would come back and kill all of her family and blow her head off too. Then she said the blond man with the mask left and she heard a door closing. She went to the back of the bar and found her husband’s body. After her husband’s death, Mrs. DuPuis said she received two phone calls. Each of the callers repeated the threat of the masked man.
At the defendant’s trial, Mrs. DuPuis testified on cross-examination that she saw no one in the back hall of the lounge other than her husband. She also said she did not hear anything in the back hall.
The defendant, who is black, testified at trial that he met three white men and planned with them to steal some beer and liquor from the lounge. But the defendant, a former employee at the lounge, testified that he never entered the bar and never planned or assisted in an armed robbery of Mr. DuPuis. The defendant said he was unaware that the three men were armed with a rifle prior to the time they handed it to him as they left the lounge. He didn’t actually participate in stealing the liquor from the lounge, the defendant testified.
The prosecution’s theory at trial, on the basis of Mrs. DuPuis’ original testimony, was that no one else was involved in the robbery and shooting. However, the defendant argued that the posttrial testimony was consistent with his testimony and [138]*138the defense theory that other white individuals were in the bar. The prosecutor argued that the additional testimony did not make a different result probable on retrial because of the overwhelming evidence against the defendant.
During the trial, two police officers testified that they saw the defendant’s car in a gas station across the street from the site of the robbery and murder. After watching the car for some time, the officers left, went to a doughnut shop, and came back. The officers said they noticed that the car was leaving the gas station with its lights out at about 2:00 a.m. After stopping the car, the officers approached and saw a rifle on the front seat. After ordering the defendant out, the officers saw money and receipts from the lounge on the floor of the car. The officers then heard a radio message that there had been a shooting at the lounge. The defendant was arrested, and the evidence was admitted at trial. Subsequently, it was determined that the rifle found on the front seat of the defendant’s car was the murder weapon. The defendant also had a key to the lounge which he admitted he had stolen.
After hearing the arguments at the posttrial hearing, the trial court granted the defendant’s motion for a new trial. The prosecutor challenged the trial court’s decision by seeking an order of superintending control in the Court of Appeals. Before the Court of Appeals ruled on the complaint for superintending control, the first panel which had retained jurisdiction during the remand of the case to the trial court dismissed the defendant’s appeal as of right, finding that the defendant had received the relief requested at the trial court level. Meanwhile, the second panel considered the prosecutor’s complaint for superintending control. On February 19, 1986, the Court of Ap[139]*139peals, in a two-to-one decision, granted the complaint for superintending control and reversed the trial court’s decision. The defendant sought leave to appéal, and we granted leave, 425 Mich 872 (1986).
n
In exercising the power of superintending control over a lower court, a reviewing court is invoking an extraordinary power.1 Under its constitutional power, this Court adopted MCR 7.203(C) which provides the jurisdiction of the Court of Appeals for extraordinary writs, original actions, and enforcement actions. MCR 7.203(C)(1) provides that the Court may entertain an action for "superintending control over a lower court or a tribunal immediately below it arising out of an action or proceeding which, when concluded, would result in an order appealable to the Court of Appeals.” MCR 3.302(C) provides that superintending control is to be used in place of the former writs of certiorari, mandamus, and prohibition. An order of superintending control, comparable to a writ of certiorari, traditionally has been used only to determine "if the inferior tribunal, upon the record made, had jurisdiction, whether or not it exceeded that jurisdiction and proceeded according to law.” Genesee Prosecutor v Genesee Circuit Judge, 386 Mich 672; 194 NW2d 693 (1972), quoting In re Fredericks, 285 Mich 262; 280 NW2d 464 (1938). The review in such a case is limited only to questions of law._
[140]*140The trial court, after hearing the testimony of the witness at the posttrial evidentiary hearing, granted the defendant’s motion for a new trial. The trial court determined that the new testimony of the victim’s wife gave some support to the defendant’s theory and to his testimony at trial. Therefore, the trial court exercised its discretion and granted a new trial.
The issue is whether the Court of Appeals had jurisdiction to invoke its extraordinary power in this case.
Although a complaint for superintending control is characterized as a separate civil action,2 our consideration in this case is influenced by the fact that a criminal prosecution is the underlying proceeding. Therefore, we must consider the statutory issues and policies which apply in a criminal prosecution.
Appeals by the people in criminal cases are limited in this state by statute.3 In People v Cooke, [141]*141419 Mich 420; 355 NW2d 88 (1984), the Court held that the people do not have a right of appeal outside the express provisions of the Code of Criminal Procedure, MCL 770.12; MSA 28.1109. The statute does not provide for an appeal by the people of a trial court’s decision to grant a new trial in a criminal case. MCL 770.12; MSA 28.1109. See also People v Hinerman, 420 Mich 851 (1984).
The defendant and amicus curiae argue that this Court should not permit the use of superintending control by the people to be employed as a substitute for a direct appeal.
The defendant argues that this use of superintending control circumvents the Court’s ruling in Cooke and the statute, resulting in attempts to expand prosecution appeals in the absence of legislative authorization.
The people argue that a complaint for an order of superintending control is an original, civil action. People v Flint Municipal Judge, 383 Mich 429; 175 NW2d 750 (1970). The Court of Appeals obtains its authority to issue such an order through the court rules. The only limit as to whether a complaint for superintending control can be filed is that an appeal must be unavailable to the party seeking the order. MCR 3.302(D)(2). The people argue that the decision in People v Cooke, supra, makes clear that the Court of Appeals has the ability to hear such a complaint and that an order of superintending control is the appropriate method of review. A complaint for superintending control may be filed unfettered by the limits on the people’s right to appeal contained in MCL 770.12; MSA 28.1109, the people argue, since neither the statutes nor the holding in Peo[142]*142pie v Cooke, supra, are applicable in this case, it being an original action and not an appeal.
The Legislature has limited the types of cases that the prosecution may appeal in the Court of Appeals. If an order of superintending control were available to review the grant of a new trial, as in this case, the limits the Legislature placed on appeals by the people would be ignored. Issuing an order of superintending control is an improper means of granting appellate review when an appeal is not provided for by general law. An order of superintending control should not be issued to circumvent the will of the Legislature and provide appellate review which is unauthorized by the Legislature.
In addition, MCR 7.203(C)(1) provides that the Court of Appeals "may entertain an action for . . . superintending control . . . arising out of an action or proceeding which, when concluded, would result in an order appealable to the Court of Appeals.” Under both Cooke, supra, and the statute limiting prosecutor appeals, an order granting a new trial to a defendant in a criminal case would not be appealable.
We reject the suggestion that where an appeal is unavailable, an order of superintending control is always available. Whether an order of superintending control should issue depends upon the circumstances in the specific case. When the people seek review of a lower court decision by filing a complaint for superintending control such review is discretionary, and the scope of review is to determine, on the record made, whether the lower court "had jurisdiction, whether or not it exceeded that jurisdiction and proceeded according to law.” Genesee Prosecutor, supra, p 681. In this case, the proper criteria for issuing an order of superintending control have not been shown, even though an [143]*143order of superintending control is generally within the jurisdiction of the Court of Appeals.4 In addition, the trial judge’s order did not have the effect of a dismissal.
The defendant argues that cases involving review by superintending control of a magistrate’s decision whether to bind over a defendant in a criminal case are inapposite. In People v Flint Municipal Judge, supra, this Court permitted the use of superintending control as a means of reviewing the discretionary decision of a magistrate. However, the decision is not controlling, the defendant argues, because a municipal court’s decision is outside the scope of the prosecution appeal statute since it did not involve a court of record.
The prosecutor argues that in People v Flint Municipal Judge, supra, the Court held that review of the discretionary decision of the examining magistrate was available to the people through a complaint for superintending control filed in the circuit court.
Despite the decision in People v Flint Municipal Judge, supra, we find the result is distinguishable because the trial judge’s order in this case did not have the effect of a dismissal. Also, Wayne Co Prosecutor v Recorder’s Court Judge, 151 Mich App 550; 391 NW2d 407 (1986), is distinguishable [144]*144on the facts because the Court was reviewing a clear error of law.5
When a reviewing court issues an order of superintending control, the reviewing court is invoking an extraordinary power. Such an extraordinary power should only be exercised in extraordinary circumstances when the prosecutor seeks an order of superintending control. The circumstances in this case do not warrant such an extraordinary remedy.
The decision whether to grant a new trial on the basis of newly discovered evidence is within the sound discretion of the trial court. People v Pizzino, 313 Mich 97; 20 NW2d 824 (1945). To establish that the court has erred, a clear abuse of discretion must be shown. This Court’s standard of review in testing for an abuse of discretion was stated in Spalding v Spalding, 355 Mich 382; 94 NW2d 810 (1959), and was given a stricter interpretation in the criminal context in People v Charles O Williams, 386 Mich 565, 573; 194 NW2d 337 (1972). See also Langnes v Green, 282 US 531, 541; 51 S Ct 243; 75 L Ed 520 (1931).
An order of superintending control is not warranted in this case. Therefore, the order of the Court of Appeals is vacated and the complaint for superintending control is dismissed.
Levin, Bkickley, and Cavanagh, JJ., concurred with Archer, J.