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The California constitution provided for felony prosecution based only upon
information. The defendant was prosecuted for murder and convicted on information filed by the district
attorney. The defendant argued that such an action violated the Due Process clause of the
Fourteenth
Amendment which incorporated the requirement for a grand jury investigation as required in the Fifth
Amendment of the federal constitution. The Supreme Court rejected the argument and declared the
California procedure did not violate any principles of due process. Full Text: Hurtado vs. California, 110 U.S. 516
(1884) |