costello argued decided march defendant criminal case federal may required stand trial conviction may sustained hearsay evidence presented grand jury indicted pp indictment based solely hearsay evidence violate provision fifth amendment person shall held answer capital otherwise infamous crime unless presentment indictment grand jury pp exercise power supervise administration justice federal courts declines establish rule permitting defendants criminal cases challenge indictments ground supported adequate competent evidence pp osmond fraenkel morris shilensky argued cause petitioner brief joseph leary delaney george wolf marvin frankel argued cause brief solicitor general sobeloff assistant attorney general holland joseph howard justice black delivered opinion granted certiorari case consider single question may defendant required stand trial conviction sustained hearsay evidence presented grand jury indicated petitioner frank costello indicated wilfully attempting evade payment income taxes due years charge petitioner falsely fraudulently reported less income wife actually received taxable years question petitioner promptly filed motion inspection minutes grand jury dismissal indictment motion based affidavit stating firmly convinced legal competent evidence grand jury indicted since reported income paid taxes due motion denied trial followed government offered evidence designed show increases costello net worth attempt prove received income years question reported establish case government called examined witnesses introduced exhibits testimony documents related business transactions expenditures petitioner wife prosecution concluded case calling three government agents investigations produced evidence used petitioner trial allowed summarize vast amount evidence already heard introduce computations showing correct petitioner wife received far greater income reported held summarizations admissible net worth case like johnson counsel petitioner asked government witness trial whether appeared grand jury returned indictment developed fact three investigating officers witnesses grand jury government concluded case petitioner moved dismiss indictment ground evidence grand jury hearsay since three officers firsthand knowledge transactions upon computations based nevertheless trial refused dismiss indictment petitioner convicted appeals affirmed holding indictment valid even though sole evidence grand jury hearsay petitioner urges indictment based solely hearsay evidence violates part fifth amendment providing person shall held answer capital otherwise infamous crime unless presentment indictment grand jury fifth amendment invalidate indictment based solely hearsay lay rule guidance federal courts see mcnabb fifth amendment provides federal prosecutions capital otherwise infamous crimes must instituted presentments indictments grand juries neither fifth amendment constitutional provision prescribes kind evidence upon grand juries must act grand jury english institution brought country early colonists incorporated constitution founders every reason believe constitutional grand jury intended operate substantially like english progenitor basic purpose english grand jury provide fair method instituting criminal proceedings persons believed committed crimes grand jurors selected body people work hampered rigid procedural evidential rules fact grand jurors act knowledge free make presentments indictments information deemed satisfactory despite broad power institute criminal proceedings grand jury grew popular favor years acquired independence england free control crown judges adoption constitution sole method preferring charges serious criminal cases shows high place held instrument justice country england old grand jury convened body laymen free technical rules acting secret pledged indict one prejudice free one special favor late english historian say english grand juries still free act knowledge pleased justice nelson circuit say case cited able find furnishing authority looking revising judgment grand jury upon evidence purpose determining whether finding founded upon sufficient proof reed fed cas holt decide whether indictment quashed supported part incompetent evidence aside incompetent evidence little evidence accused refused hold indictment quashed pointing abuses criminal practice enhanced indictments upset ground thing true evidence grand jury nature hearsay indictments held open challenge ground inadequate incompetent evidence grand jury resulting delay great indeed result rule trial merits defendant always insist kind preliminary trial determine competency adequacy evidence grand jury required fifth amendment indictment returned legally constituted unbiased grand jury like information drawn prosecutor valid face enough call trial charge merits fifth amendment requires nothing petitioner urges exercise power supervise administration justice federal courts establish rule permitting defendants challenge indictments ground supported adequate competent evidence persuasive reasons advanced establishing rule run counter whole history grand jury institution laymen conduct inquiries unfettered technical rules neither justice concept fair trial requires change trial merits defendants entitled strict observance rules designed bring fair verdict defendants entitled however rule result interminable delay add nothing assurance fair trial affirmed footnotes discussions net worth method see holland friedberg smith calderon appeals reversed petitioner conviction count grounds material varying views expressed concerning whether indictments may challenged based whole part incompetent evidence see chadwick violon nanfito brady banks zacher see also cases collected harv rev yale cent joyce indictments blakemore note holdsworth history english law development grand jury institution england see hale henkel blair mcgrain daugherty johnson blackstone commentaries et seq pollock maitland history english law holdsworth history english law morse survey grand jury system rev see pierre louisiana justice burton concurring agree denial motion quash indictment view however case justify breadth declarations made assume preclude examination action ascertain existence bias prejudice indictment likewise seems shown grand jury substantial rationally persuasive evidence upon base indictment indictment quashed hold person answer empty indictment capital otherwise infamous federal crime robs fifth amendment much protective value private citizen holt substantial rationally persuasive evidence apparently presented grand jury may fairly assume evidence jury included much testimony later given trial three government agents said testified grand jury trial summarized financial transactions accused qualified testify knowledge use justice holmes phrase holt case testimony standing alone incompetent circumstances supra yet rationally persuasive crime charged provided substantial basis indictment trial preliminary testimony laying foundation testimony constituted important part competent evidence upon conviction obtained sustain indictment circumstances well enough agree judge learned hand appeared evidence offered rationally established facts indictment quashed grand jury substance abdicated accordingly concur judgment reasons stated opinion appeals subject limitations expressed see also notes harv rev yale