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U.S. Supreme Court. HURTADO v. PEOPLE OF STATE OF CALIFORNIA, 110 U.S. 516 (1884) March 3, 1884 [110 U.S. 516, 517] The constitution of the state of California adopted in 1879, in article 1, 8, provides as follows: 'Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without ...
3. This passage from COKE seems to be the chief foundation of the opinion for which it is cited; but a critical examination and comparison of the text and context will show that it has been misunderstood; that it was not intended to assert that an indictment or presentment of a grand jury was essential to the idea of due process of law in the prosecution and punishment of crimes, but was only ...
Hurtado v. California Hurtado v. California 110 U.S. 516 (1884) United States Constitution. According to the Encyclopedia of the American Constitution, about its article titled 588 HURTADO v.CALIFORNIA 110 U.S. 516 (1884) due process of law reached a watershed in Hurtado.
110 U.S. 516 (1884), argued 22–23 Jan. 1884, decided 3 Mar. 1884 by vote of 8 to 1; Matthews for the Court, Harlan in dissent. This case involved a provision in the constitution of California that authorized prosecutions for felonies by information, after examination by a magistrate, without indictment by a grand jury. The defendant, on the basis of information filed by district attorney ...
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Hurtado was accused by information of murder. He was subsequently tried and found guilty of murder. Hurtado claimed that his due process rights were violated under the Fourteenth Amendment because he was not indicted by a grand jury. The trial court and California Supreme Court rejected that argument.
Following his conviction, Hurtado contended that not presenting his case to a grand jury for indictment violated the Due Process Clause of the Fourteenth Amendment.
The California Supreme Court affirmed the trial court’s decision.
Accordingly, indictment by grand jury is not mandated by the term “ due process.”. Indeed, the Fifth Amendment mentions both indictment by a grand jury and due process.