Remember that initially, as ruled by SCOTUS in 1833, the Bill of Rights did not apply to the States. Only quite some time after the 14th Amendment was adopted in 1868 did the SCOTUS begin to apply the Bill of Rights to the States, in a piecemeal fashion, through the 14th Amendment.
AFAIK, criminal procedure in States not requiring a grand jury indictment still provides various opportunities for an accused to challenge a charge before trial. For example, many state procedures allow for the filing of a motion to dismiss whereby the legal sufficiency of a charge can be tested. In serious crimes, state procedures often provide for a preliminary hearing to test probable cause. Current state procedure could well be found today by the Court to satisfy due process, just as they were the Court in Hurtado back in 1884.
Formerly known as fiddletown
Last edited by Frank Ettin; April 14, 2012 at 12:25 PM.