Is a defendant entitled to equal protection of the law when he is charged by indictment rather than by indictment?
California, United States of America
The following excerpt is from Bowens v. Superior Court, 1 Cal.4th 36, 2 Cal.Rptr.2d 376, 820 P.2d 600 (Cal. 1991):
In Hawkins v. Superior Court (1978) 22 Cal.3d 584, 586-587, 150 Cal.Rptr. 435, 586 P.2d 916, we concluded that "an accused is denied the equal protection of the laws guaranteed by article I, section 7, of the California Constitution when prosecution is by indictment and he is deprived [1 Cal.4th 50] of a preliminary hearing and the concomitant rights which attach when prosecution is by information."
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