Hurtado v. California
Significance, The Right To Be Indicted, "ancient Established Law", "incapable Of Progress Or Improvement"
State of California
Because he was tried, found guilty, and sentenced to death without having been indicted by a grand jury, he was deprived of his right to due process of law under the Fifth and Fourteenth Amendments.
Chief Lawyer for Appellant
A. L. Hart
Chief Lawyer for Appellee
John T. Cary
Justices for the Court
Samuel Blatchford, Joseph P. Bradley, Stephen Johnson Field, Horace Gray, Stanley Matthews (writing for the Court), Samuel Freeman Miller, Morrison Remick Waite, William Burnham Woods
John Marshall Harlan I
Date of Decision
3 March 1884
The Fourteenth Amendment's requirement of "due process" cannot be held to include the rights specified in the Fifth Amendment, and that therefore Hurtado's conviction and death sentence should stand.
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