Washington Law Review




Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, State v. Kanistanaux, 68 Wash. Dec. 2d 647, 414 P.2d 784 (1966).

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