Maxwell v. Dow, 176 U.S. 581 (1900), is a United States Supreme Court decision which addressed two questions relating to the Due Process Clause.
First, whether Utah's practice of allowing prosecutors to directly file criminal charges without a grand jury (this practice goes by the confusing name of information) were consistent with due process, and second, whether Utah's use of eight jurors instead of twelve in "courts of general jurisdiction" were constitutional.
[1] Charles L. Maxwell was tried and convicted of robbery in Utah in 1898, and was eventually appealed to the Supreme Court, which heard the case in 1899.
Associate Justice Rufus Wheeler Peckham, writing for the majority, held that Maxwell's rights under the Due Process Clause had not been violated.
[3] Associate Justice John Marshall Harlan's lone dissent argued instead for the incorporation of the entirety of the first eight Amendments to the Constitution,[3] a position he had been the first Supreme Court Justice to articulate in his lone dissent in Hurtado v. California (1884),[4] and continued to argue in cases such as Twining v. New Jersey (1908).