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62 Hurtado vs. People of State of California [110 U.S. 516, 3 March 1884] Matthews (J)Facts: The constitution of the state of California adopted in 1879, in article 1, 8, provides as follows: "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." In pursuance of the foregoing provision of the constitution, and of the several sections of the penal Code of California, the district attorney of Sacramento county, on 20 February 1882, filed an information against Joseph Hurtado, charging him with the crime of murder in the killing of one Jose Antonio Stuardo. Upon this information, and without any previous investigation of the cause by any grand jury, Hurtado was arraigned on 22 March 1882, and pleaded not guilty. A trial of the issue was thereafter had, and on 7 May 1882, the jury rendered its verdict, in which it found Hurtado guilty of murder in the first degree. On 5 June 1882, the superior court of Sacramento county rendered its judgment upon said verdict, that Hurtado be punished by the infliction of death, and the day of his execution was fixed for 20 July 1882. From this judgment an appeal was taken, and the supreme court of the State of California affirmed the judgment. On 6 July 1883, the superior court of

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