For Your Data Hurtado V. California Illustration Brief

Hurtado v. California instance brief summary
110 U.S. 516 (1884)

CASE SYNOPSIS

Defendant sought review yesteryear certiorari of a judgment of the Supreme Court of California, which affirmed his conviction of murder inwards the showtime score based upon an data as well as non a K jury indictment.

CASE FACTS
An data was filed against defendant, charging him amongst murder. Without whatsoever previous investigation of the motility yesteryear a K jury, accused was arraigned as well as pleaded non guilty. Defendant was constitute guilty yesteryear a verdict of murder inwards the showtime score as well as was as well as then sentenced to death. Defendant appealed the judgment on the dry reason that he was non legally indicted yesteryear or presented to a K jury, that the proceedings violated due physical care for of law, every bit they were inwards conflict amongst the Fourteenth Amendment of the Constitution. The lower courts rejected defendant's objections as well as affirmed the conviction.

DISCUSSION

• The courtroom affirmed, finding the exchange of an indictment yesteryear a K jury yesteryear an information, which certified the belike guilt of defendant, combined amongst his correct to the aid of counsel as well as to cross-examination of the witnesses, did non violate due physical care for of law. 
• The fact that the Fifth Amendment provided for indictment yesteryear K jury did non hateful that the states had to supply such a physical care for inwards gild to encounter the minimum due physical care for requirements of the Fourteenth Amendment.

CONCLUSION

The Court affirmed the judgment.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

Share this post