HURTADO V. CALIFORNIA
An 1884 decision of the Supreme Court, Hurtado v. California, 110 U.S. 516, 4 S. Ct. 111, 28
L. Ed. 232, held that states are not required to comply with the FIFTH AMENDMENT provision that a criminal prosecution be initiated by an indictment by a GRAND JURY.
The constitution of California and various penal statutes provided for the prosecution of a
person charged with an offense by information after a PRELIMINARY HEARING before a magistrate with RIGHTS TO COUNSEL and to crossexamine witnesses, or by indictment with or without a preliminary hearing. In February 1882, the district attorney of Sacramento County filed an information against Joseph Hurtado, charging him with the murder of Jose Stuardo. Hurtado was arraigned, tried, convicted of the crime, and sentenced to death. He unsuccessfully appealed his conviction throughout state appellate courts and brought a writ of
