Hurtado v. California
Supreme Court of the United States
rsr ERROR TO THE SUPKEME COURT OF CALIFORNIA. The Constitution of the State of. California, adopted in 1879, in article I., section 8, provides as follows: “ Offences 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 such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county.”
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rsr ERROR TO THE SUPKEME COURT OF CALIFORNIA. The Constitution of the State of. California, adopted in 1879, in article I., section 8, provides as follows: “ Offences 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 such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county.” Yarious provisions of the Penal Code regulate proceedings before the examining and committing magistrate in cases of…
1Opinion of the Court
Ms. Justice Matthews
delivered the opinion of the court.
After reciting the facts in the foregoing language, he continued:
It is claimed on behalf of the prisoner that the conviction and sentence are void, .op the ground that they are repugnant to that clause of the'Fourteenth Article of Amendment of the Constitution of the United States which is in these words:
*520“ Nor shall any State deprive any person of life, liberty, or property without due process, of law.”
The proposition of law we are asked to affirm is that an indictment or presentment by a grand jury, as known to the common law of England,…
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