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Hurtado v. California
''Hurtado v. California'', 110 U.S. 516 (1884), was a case decided on by the United States Supreme Court. The case helped define rules regarding the use of grand juries in indictments.
== Facts of the case ==
Joseph Hurtado discovered that his wife, Susie, was having an affair with their friend, José Antonio Estuardo. After measures Hurtado took to put an end to the adulterous affair, such as temporarily sending his wife away to live with her parents, and later assaulting Estuardo in a bar after his wife returned and the liaisons resumed, proved futile, Hurtado fatally shot Estuardo. Hurtado was arrested for the crime but not indicted by a grand jury.
According to the California State Constitution at the time, the following applied: "Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county." 〔(【引用サイトリンク】 url = http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=110&invol=516 )〕
The judge examined the information and determined that Hurtado should be brought to trial. Hurtado was tried, convicted of murder, and sentenced to death. At issue was whether or not the 14th Amendment's Due Process Clause extended to the states the 5th Amendment's Indictment Clause requiring indictment by grand jury.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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