Goyer v. State

The principal issue on this appeal is whether it was violative of due process to try Goyer by way of an information rather than on presentment or indictment of a grand jury as required by the Fifth amendment of the United States constitution.1

*246Goyer waived any objection in this regard by failing to raise it before his trial.2

Assuming there was no waiver, nevertheless the law is well settled that the presentment or indictment requirements of the Fifth amendment are not made applicable to the states by the Fourteenth amendment.3

Counsel for defendant concedes that this is so but asks this court…