United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lem Woon v. Oregon, 229 U.S. 586 (1913)

Lem Woon v. Oregon

No. 261

Submitted April 25, 1913

Decided June 9, 1913

229 U.S. 586

Syllabus

The "due process of law" clause of the Fourteenth Amendment does not require the state to adopt the institution and procedure of a grand jury, nor does it require an examination, or the opportunity for one, prior to a formal accusation by the district attorney by information. Held that the Information Law of 1899 of Oregon is not unconstitutional as denying due process of law.

Ross v. Oregon, 227 U. S. 150, followed to the effect that the subsequent amendment to the Constitution of Oregon affecting prosecutions affected only prosecutions thereafter instituted, and had no effect on those which had already been instituted, although based on information.

57 Or. 482 affirmed.

The facts, which involve the constitutionality under the due process clause of the Fourteenth Amendment of the "Information Act" of 1899, of the State of Oregon and the validity of a conviction thereunder, are stated in the opinion.