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COSTELLO V. UNITED STATES, 350 U. S. 359 (1956)

U.S. Supreme Court

Costello v. United States, 350 U.S. 359 (1956)

Costello v. United States

No. 72. Argued January 16-17, 1956

Decided March 5, 1956

350 U.S. 359


A defendant in a criminal case in a federal court may be required to stand trial, and his conviction may be sustained, where only hearsay evidence was presented to the grand jury which indicted him. Pp. 350 U. S. 359-364.

(a) An indictment based solely on hearsay evidence does not violate the provision of the Fifth Amendment that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. . . ." Pp. 350 U. S. 361-363.

(b) In the exercise of its power to supervise the administration of justice in the federal courts, this Court declines to establish a rule permitting defendants in criminal cases to challenge indictments on the ground that they are not supported by adequate or competent evidence. Pp. 350 U. S. 363-364.

221 F.2d 668, affirmed.

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