russell argued december decided may together shelton argued december whitman argued december liveright argued december price argued december gojack argued december also certiorari petitioners six cases convicted violating makes misdemeanor person summoned testify committee congress refuse answer question pertinent question inquiry case indictment returned grand jury stated questions answers refused pertinent question inquiry subcommittee failed identify subject subcommittee inquiry witness interrogated case motion filed quash indictment trial failure state subject inquiry case motion denied issue thus raised preserved properly presented held grand jury indictment required prerequisite prosecution violation must state question inquiry time defendant alleged default refusal answer found grand jury judgment affirming conviction petitioners reversed pp congress originally enacted law predecessor expressly aware pertinency subject inquiry basic preliminary question federal courts decide determining whether violation statute alleged proved pp many decisions arising recognized crucial importance determining issue pertinency obvious first step determining whether questions asked pertinent subject inquiry ascertain subject pp convictions longer reversed minor technical deficiencies prejudice accused substantial safeguards charged serious crimes eradicated guise technical departures rules pp omission indictments involved statements subject inquiry deprived defendants one significant protections guaranty grand jury indictment intended confer failed adequately apprise defendants must prepared meet pp indictments also insufficient serve corollary purpose enabling courts decide whether facts alleged sufficient law support convictions pp deficiencies indictments cured bills particulars grand jury may determine whether person held answer criminal trial refusing give testimony pertinent question congressional committee inquiry grand jury must necessarily determine question inquiry pp joseph fanelli argued cause petitioner briefs benedict cottone joseph rauh argued cause petitioner briefs john silard gerhard van arkel argued cause petitioner briefs george kaufman harry rand argued cause petitioner briefs leonard boudin leonard boudin argued cause petitioner briefs harry rand frank donner argued cause petitioner brief david rein kevin maroney argued causes nos briefs solicitor general cox assistant attorney general yeagley bruce terris doris spangenburg bruce terris argued cause briefs solicitor general cox assistant attorney general yeagley kevin maroney william doolittle argued cause nos briefs solicitor general cox assistant attorney general yeagley bruce terris kevin maroney lee anderson nanette dembitz filed brief new york civil liberties union amicus curiae urging reversal justice stewart delivered opinion six cases review judgments appeals district columbia affirmed convictions obtained district petitioners convicted refusing answer certain questions summoned congressional subcommittee cases separately briefed argued many issues presented decide case upon single ground common therefore reach questions case indictment returned grand jury failed identify subject congressional subcommittee inquiry time witness interrogated indictments practically identical respect stating questions answers refused pertinent question inquiry subcommittee case motion filed quash indictment trial upon ground indictment failed state subject investigation time subcommittee interrogation defendant case motion denied case issue thus raised preserved appeal petition writ certiorari brief argument congress expressly provided one prosecuted except upon indictment grand jury never decided whether indictment must identify subject inquiry time defendant alleged default refusal answer reasons follow hold indictment must contain averment accordingly reverse judgments us enacting criminal statute petitioners convicted congress invoked aid federal judicial system protecting contumacious conduct watkins obvious consequence repeatedly emphasized confer upon federal courts duty accord person prosecuted statutory offense every safeguard law accords federal criminal cases sinclair watkins supra sacher flaxer deutch recognizing elementary concept sinclair case established several propositions provide relevant starting point first criminality statute question witness refused answer pertained subject investigation congressional body summoned witness rightfully may refuse answer questions asked pertinent matter inquiry sinclair supra secondly defendant presumed innocent incumbent upon plead show question refused answer pertained matter investigation finally sinclair held question pertinency one determination matter law case indictment set specific lengthy detail subject investigation senate committee summoned sinclair thereby enabled make enlightened precise determination question refused answer pertinent subject making determination vital function federal judiciary prosecution brought clearly foreseen congress originally enacted law congress provided person prosecuted upon indictment grand jury record legislative debates shows congress expressly aware pertinency subject inquiry basic preliminary question federal courts going decide determining whether criminal offense alleged proved principal spokesman bill senator bayard repeatedly made point bill provides punishing witness shall refuse answer question pertinent matter inquiry consideration house committee refuses answer irrelevant question subject penalties bill question must pertinent decided courts justice indictment power given congress given appropriately judiciary cong globe sess law propose give miscellaneous political body power punishment one greatest recommendations transfers power punishment justice judicial inquiry done case refusal testify certify fact district attorney lay grand jury party indicted bound answer according terms law person offense laws land aware legislative bodies transcended powers influence passion political excitement often invaded rights individuals may invaded rights coordinate branches government institutions last greater safeguard result transferring stands indefinite power punishment well offense resting breast either house congress courts justice case kind comes first inquiry congress jurisdiction house undertakes inquire jurisdiction subject whole proceedings coram non judice void party held liable indictment quash indictment fact appeared face appeared trial direct jury acquit cong globe sess law prescribes case refusal house shall certify fact district attorney shall bring matter grand jury comes indictment must decide whether question put pertinent inquiry course must hold party guilty without cong globe sess sinclair case subject inquiry identified indictment essential first step presented problem recent cases indictment identified topic inquiry often found difficult impossible ascertain subject difficulty determination absence allegation indictment illustrated deutch supra case members sharp disagreement subject subcommittee inquiry moreover us disagreed district theory appeals even ventured view question watkins supra found merely difficult actually impossible determine topic subcommittee inquiry time petitioner refused answer questions addressed exhausted several possible indicia question inquiry remain unenlightened subject questions asked petitioner pertinent sure fact difficulties doubts beset federal courts trying ascertain subject inquiry cases arising hardly justify abstract requirement indictments statute contain averments simplify courts task difficult doubtful questions inherent judicial process particularly system criminal law places heavy emphasis upon protection rights liberties individual courts sit resolve questions rules law made merely suit judicial convenience proliferation doubtful issues burden judiciary uncertainties inherent resolution work hardship upon prosecution defense criminal cases hardly desideratum repeated appearance prosecutions particular criminal statute critical difficult question obviated simple averment indictment invites inquiry purposes functions grand jury indictment intended serve cases discussed therefore furnish appropriate background inquiry turn discussion purpose served grand jury indictment administration federal criminal law must begin fifth sixth amendments constitution fifth amendment provides person shall held answer capital otherwise infamous crime unless presentment indictment grand jury except cases arising land naval forces militia actual service time war public danger need pause consider whether offense infamous crime duke since congress beginning explicitly conferred upon prosecuted statute protection fifth amendment confers providing one prosecuted offense except upon indictment grand jury specific guaranty well fifth amendment due process clause therefore brought bear like relevance guaranty sixth amendment criminal prosecutions accused shall enjoy right informed nature cause accusation constitutional provision trial may held serious federal criminal case grand jury first intervened reflects centuries antecedent development common law going back assize clarendon 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 costello see mcclintock indictment grand jury rev orfield criminal procedure arrest appeal many years federal courts guided judgments concerning construction sufficiency grand jury indictments common law alone congress enact general legislation touching upon subject year statute enacted reflected drift law away rules technical formalized pleading characterized earlier era statute provided indictment found presented grand jury district circuit shall deemed insufficient shall trial judgment proceeding thereon affected reason defect imperfection matter form shall tend prejudice defendant stat legislation repealed substance preserved generalized provision rule federal rules criminal procedure error defect irregularity variance affect substantial rights shall disregarded apparently legislation dealing subject indictments generally promulgation rule fed rules crim rule provides indictment information shall plain concise definite written statement essential facts constituting offense charged shall signed attorney government need contain formal commencement formal conclusion matter necessary statement allegations made one count may incorporated reference another count may alleged single count means defendant committed offense unknown committed one specified means indictment information shall state count official customary citation statute rule regulation provision law defendant alleged therein violated error citation omission shall ground dismissal indictment information reversal conviction error omission mislead defendant prejudice number cases emphasized two protections indictment intended guarantee reflected two criteria sufficiency indictment measured criteria first whether indictment contains elements offense intended charged sufficiently apprises defendant must prepared meet secondly case proceedings taken similar offence whether record shows accuracy extent may plead former acquittal conviction cochran sayre rosen hagner see potter bartell berger debrow without doubt second preliminary criteria sufficiently met indictments cases since indictments set times places hearings petitioners refused testify also specified precise questions refused answer hardly doubted petitioners fully protected put jeopardy offense particularly remembered rely upon parts present record event future proceedings taken see mcclintock indictment grand jury rev bartell vice indictments rather failed satisfy first essential criterion sufficiency indictment tested failed sufficiently apprise defendant must prepared meet pointed core criminality pertinency subject inquiry questions defendant refused answer subject actually therefore central every prosecution statute guilt depends crucially upon specific identification fact cases uniformly held indictment must simply repeat language criminal statute elementary principle criminal pleading definition offence whether common law statute includes generic terms sufficient indictment shall charge offence generic terms definition must state species must descend particulars cruikshank indictment framed apprise defendant reasonable certainty nature accusation defective although may follow language statute simmons indictment upon statute sufficient set forth offence words statute unless words fully directly expressly without uncertainty ambiguity set forth elements necessary constitute offence intended punished carll undoubtedly language statute may used general description offence must accompanied statement facts circumstances inform accused specific offence coming general description charged hess see also pettibone blitz keck morissette cf petrillo basic principles fundamental fairness retain full vitality modern concepts pleading specifically rule federal rules criminal procedure illustrated many recent federal decisions price petitioner refused answer number questions put internal security subcommittee senate judiciary committee beginning hearing question chairman subcommittee members made widely meandering statements purporting identify subject inquiry said hearings attack upon free press investigation attempt may disclosed part communist party influence subvert american press also said simply investigating communism wherever find dealing witness testified shortly price counsel subcommittee emphatically denied subcommittee purpose investigate communist infiltration press forms communication price called testify subcommittee one offered even attempt inform subject subcommittee inquiry trial government took position subject inquiry communist activities generally district judge case tried found questions put pertinent matter inquiry without indicating thought subject inquiry appeals affirming conviction likewise omitted state thought subject inquiry government contends subject inquiry time petitioner called testify communist activity news media difficult imagine case indictment insufficiency resulted clearly indictment failure fulfill primary office inform defendant nature accusation price refused answer questions senate subcommittee told time subject subcommittee investigating prior record subcommittee hearings price may may familiar gave completely confused inconsistent account anything subject price put trial convicted upon indictment even purport inform way identity topic subcommittee inquiry every stage ensuing criminal proceeding price met different theory theory topic far informing price nature accusation indictment instead left prosecution free roam large shift theory criminality take advantage passing vicissitude trial appeal yet price guilty criminal offense unless questions refused answer fact pertinent specific topic subcommittee inquiry time interrogated sinclair long recognized important corollary purpose served requirement indictment set specific offence coming general description defendant charged purpose defined cruikshank inform facts alleged may decide whether sufficient law support conviction one criterion greatest relevance light difficulties uncertainties federal trial reviewing courts deal cases arising reference already made see watkins deutch viewed context rule designed alone protection defendant benefit prosecution well making possible courts called upon pass validity convictions statute bring enlightened judgment task cf watkins supra argued deficiency indictments cases cured bills particulars settled rule bill particulars save invalid indictment see norris lattimore babb steiner dierker supp anderson wharton criminal law procedure congress provided one prosecuted except upon indictment congress made basic decision grand jury determine whether person held answer criminal trial refusing give testimony pertinent question congressional committee inquiry grand jury order make ultimate determination must necessarily determine question inquiry allow prosecutor make subsequent guess minds grand jury time returned indictment deprive defendant basic protection guaranty intervention grand jury designed secure defendant convicted basis facts found perhaps even presented grand jury indicted see orfield criminal procedure arrest appeal underlying principle reflected settled rule federal courts indictment may amended except resubmission grand jury unless change merely matter form ex parte bain norris stirone lies within province change charging part indictment suit notions grand jury probably made attention called suggested changes great importance common law attaches indictment grand jury prerequisite prisoner trial crime without constitution says person shall held answer may frittered away value almost destroyed doctrine place rights citizen intended protected constitutional provision mercy control prosecuting attorney held changes made consent order body indictment presented grand jury prisoner called upon answer indictment thus changed restriction constitution places upon power regard prerequisite indictment reality longer exists ex parte bain supra reaffirmed rule recently pointing purpose requirement man indicted grand jury limit jeopardy offenses charged group fellow citizens acting independently either prosecuting attorney judge stirone supra reasons conclude indictment must state question congressional committee inquiry found grand jury federal courts responsibly carry duty congress imposed upon century ago question must pertinent decided courts justice indictment reversed justice brennan took part consideration decision whitman justice white took part consideration decision cases footnotes every person summoned witness authority either house congress give testimony produce papers upon matter inquiry either house joint committee established joint concurrent resolution two houses congress committee either house congress willfully makes default appeared refuses answer question pertinent question inquiry shall deemed guilty misdemeanor punishable fine less imprisonment common jail less one month twelve months grew hearings subcommittees house committee activities four cases grew hearings internal security subcommittee senate judiciary committee indictment typical grand jury charges introduction november district columbia subcommittee committee activities house representatives conducting hearings pursuant public law section congress session stat res congress defendant norton anthony russell appeared witness subcommittee place date stated asked questions pertinent question inquiry defendant unlawfully refused answer pertinent questions allegations introduction adopted incorporated counts indictment follow counts addition merely describe question asked defendant refused answer motion typical defendant moves indictment dismissed following grounds indictment fails plead following essential material elements offense nature question inquiry questions addressed defendant alleged relevant provides whenever witness summoned mentioned section title fails appear testify fails produce books papers records documents required whenever witness summoned refuses answer question pertinent subject inquiry either house joint committee established joint concurrent resolution two houses congress committee subcommittee either house congress fact failure failures reported either house congress session congress session statement fact constituting failure reported filed president senate speaker house shall duty said president senate speaker house case may certify shall certify statement facts aforesaid seal senate house case may appropriate attorney whose duty shall bring matter grand jury action question presented reached sacher conviction reversed grounds question also raised petition certiorari braden abandoned case briefed argued merits although question decided lower barenblatt app raised appeals district columbia circuit passed question holding indictment need set forth subject committee inquiry see barenblatt app sacher app indictments returned circuit course reflect rule see cases cited justice harlan dissenting opinion post appeals second circuit sustained indictment set forth subject inquiry josephson however josephson appears substantially limited lamont indictments currently returned second circuit fact set forth subject inquiry see unreported indictments yarus opinion acquitting defendant yarus reported supp turoff opinion appeals reversing defendant turoff conviction reported appeals passed squarely point braden appeals fifth circuit ruled indictment need explain questions pertinent subject inquiry discuss whether subject specified number recent cases arising indictments stated subject inquiry see addition examples cited indictment set forth yellin cir indictment described davis cir unreported indictment lorch ohio cr indictment arising series hearings russell petitioner initially summoned testify stat statute enacted supplement established contempt power congress jurney maccracken specific background statute adoption sketched watkins see cong globe sess see also except basic change immunity provisions stat legislation continued substantially unchanged present time slight modification language amendment substantive provisions made stat make statute applicable joint committees provision requiring grand jury indictment amended twice since original legislation provided certification attorney district columbia amendment made permit certification attorney stat provision amended bring accord joint committee amendment substantive provisions law watkins case primary concern whether pertinency proved criminal trial whether petitioner apprised pertinency questions time called upon answer two issues course quite different see deutch identification subject inquiry essential determination either issue see barenblatt see holdsworth history english law ed pollock maitland history english law ed vol ii pp statute became rev stat ultimately ed statute repealed legislative reorganization title stat substance contained fed rules crim rosen heavily relied upon dissenting opinion inapposite case held indictment charging mailing obscene material need specify particular portions publication allegedly obscene pointed bartell rule established rosen always regarded well recognized exception usual indictment rules applicable pleading printed written matter alleged obscene indecent spread upon records roth issue dealt rosen presumably longer arise lamont meer babb simplot supp devine milk laboratories supp apex distributing supp brief principle enunciated cruikshank retains undiminished vitality several recent cases attest another reason requirement every ingredient offense charged must clearly accurately alleged indictment one sometimes overlooked enable decide whether facts alleged sufficient law withstand motion dismiss indictment support conviction event one lamont addition informing defendant another purpose served indictment inform trial judge case involves presides called upon make rulings sorts may able intelligently puttkammer administration criminal law see flying eagle publications goldberg silverman supp richman supp callanan supp see anderson wharton criminal law procedure orfield indictment information federal criminal procedure syracuse rev see also orfield criminal procedure arrest appeal gojack petitioner filed timely motion bill particulars requesting informed question subcommittee inquiry motion denied shelton petitioner filed similar motion motion granted government responded orally follows second asking government contends indictment inquiry conducted pursuant resolution feel case smaller limited inquiry conducted committee conducting inquiry purposes contained resolution lesser purpose sense asking counsel supplied reading resolution see also smith dissenting opinion comment rev federal perjury statute makes crime person oath willfully state subscribe material matter believe true government pointing analogy perjury materiality requirement pertinency requirement recognized sinclair contends present cases controlled markham sustained perjury indictment markham inapposite analogy perjury statute persuasive purposes persuasive determination subject inquiry play central role perjury prosecution plays even analogy perfect markham still control holds perjury indictment need set forth statements allegedly material carefully pointed indictment fact reveal subject inquiry stating fourth count indictment charged statement material inquiry pending within jurisdiction commissioner pensions fair import count inquiry commissioner reference claim made accused pension laws account personal injuries received soldier made necessary ascertain whether accused since war discharge army received injury forefinger right hand think fourth count although unskilfully drawn sufficiently informed accused matter indicted therefore met requirement set forth substance charge emphasis added equally true perjury indictments sustained see hendricks debrow indictment debrow set forth opinion appeals see supra justice douglas concurring join opinion think desirable point majority six cases dispose today indictment however drawn view sustained requirements first amendment investigation concededly investigation press clearly brought record shelton wherein following colloquy alleged taken place commencement subcommittee hearings senator hennings subject matter believe important outset us make abundantly clear purpose counsel purpose committee sense attack upon free press chairman certainly true senator hennings think clear best evidence subversion infiltration agency journal certainly product chairman correct senator hennings course committee interested extent nature communist infiltration exists agency chairman correct senator hennings like position committee position majority committee since committee met determine whether one policy another pursued course hearings generally known understood attack upon one newspaper upon group newspapers effort part committee show participation attempt may disclosed part communist party elsewhere indeed influence subvert american press think later time perhaps might appropriate executives newspapers inquiry whose employees inquiry called testify show show end product newspaper influenced efforts chairman chair thinks fine accurate statement one chair certainly agrees entirety singling newspaper investigating newspaper group newspapers simply investigating communism wherever find think series hearing one say newspaper employees one newspaper singled senator hennings thank chairman senator watkins like say agree senator hennings statement mr chairman power investigate limited valid legislative function inquiry precluded matter investigated one valid legislation enacted kilbourn thompson since first amendment provides congress shall make law abridging freedom press present investigation plainly unconstitutional said watkins clearly investigation subject command congress shall make law abridging freedom speech press assembly true statute reviewed investigation law nevertheless investigation part lawmaking justified solely adjunct legislative process first amendment may invoked infringement protected freedoms law lawmaking said congress power determine extent communist infiltration know much tighter security laws made proves much give congress roving power inquire fields legislate congress investigate press find communists infiltrated also investigate churches reason pulpits used promote communist cause clergy ever members communist party governing board assist pastor perhaps help prepare sermons research comes confession discloses communist dictum rumely reach investigative power congress measured informing function congress phrase taken woodrow wilson congressional government quotation wilson mutilated sentences followed statement informing function congress preferred even legislative function omitted rumely opinion omitted sentences make abundantly clear wilson speaking congressional inquiry roaming large one inquired discussed functions operations government wilson said informing function congress preferred even legislative function argument discussed interrogated administration pure efficient administration really people people discusses interrogates administration talk part congress sometimes justly condemn profitless squabble words frivolous bills selfish party issues hard conceive much talk practical concerns processes government talk earnestly purposefully conducted clears public mind shapes demands public opinion congress power legislate either religion press editor minister violates law prosecuted investigative power read constitution barred certain areas first amendment took step urged prosecution allow congress enter forbidden domain strength press church freedom pervert misuse power informed opinion time render verdict paper pulpit might conceivably become mouthpiece communist ideology typical risks free society runs alternative governmental oversight governmental investigation governmental questioning governmental harassment governmental exposure exposure sake crossed line sacrifice values free society one totalitarian cast think certain leeway necessary desirable leaving judiciary curb judges may time time think excessive practices thus judge professorial background may put classroom preferred position one background prosecutor dealing subversives may less tolerant subjective standard introduced line constitutional unconstitutional conduct becomes vague uncertain unpredictable rationalization course reduces ultimately idea judges know best idea put words first amendment form command knew best political theory government must sustain constitutional amendment adopted puts congress astride press subcommittee report senate judiciary committee stated communists daily newspaper daily worker control various weekly monthly periodicals including political affairs masses mainstream publications brazenly slanted propaganda value except certain elements foreign language press country sharply limited pts order overcome disadvantage reasons communists made vigorous sustained efforts infiltrate american press radio entrench members forms mass communications emphasis omission written spoken word may turned advantage conspiracy metropolitan newspaper america today mirror happenings day moulder public opinion capable leading crusades capable introducing new ideas capable propagating truth propaganda wills nature whether abdicate newspaper maintains position leadership responsibility cold war vital national security industries atomic energy defense et cetera may vital fact impair vital role press worker performs task life tools tools run gamut ax zither rewrite man tools words words express ideas follows rewrite man works day ideas war ideas position deemed nonsensitive rewrite man select facts considers important relayed reporter field choice topic sentence lead paragraph selection words sets tone article influences choice headline conclusion irresistible rewrite man occupies sensitive position newspaper justice clark dissenting although joined brother harlan dissenting grounds ably expressed opinion today abruptly breaks past must visually add voice protest statute cases prosecuted originally passed years ago case case come period still unable point one case one remotest suggestion indictments thereunder must include underlying facts necessary evaluate propriety unanswered questions following universal art practice indictments statute commonly phrased element pertinency statutory language unanswered question pertinent question inquiry sacher opportunity put stop widespread practice instead reversed rather unsubstantial grounds without even acknowledging numerous defendants denied one significant protections guaranty grand jury indictment intended confer requiring indictments identify subject inquiry time defendant alleged default refusal answer concocted new novel doctrine upset congressional contempt convictions rule sown pointed brother harlan seeds general indictment law reap real benefits congressional contempt cases knowing subject matter investigation actually important recalcitrant witnesses utilize right recognized watkins demanding enlightenment questioning body practice requesting bill particulars prosecutor let us hope reasoning today apply indictments criminal statutes uncountable number indictments invalidated however rule cast congressional contempt cases manifestly unjust fastening upon indictment forms superficial luminosity requirement creates additional hazards successful prosecution congressional contempt cases impair informing procedures congress encouraging contumacy committees five years ago dissenting opinion watkins indicated rule case might well lead trial contempt cases bar house congress affected watkins supra short period upset convictions continued frustration congress use judicial process punish contemptuous committees indicates time may come congress revert original practice utilizing coercive sanction contempt proceedings bar house affected perhaps simplified method may found handle matters without consuming much time full house involved true recalcitrant witness released date adjournment least contumacious conduct receive punishment dignity legislative process deserves least much sanction justice harlan justice clark joins dissenting ground rules testing sufficiency indictment twofold indictment adequately inform defendant nature charge meet defendant convicted later prosecuted charged able determine extent defense double jeopardy available debrow rule federal rules criminal procedure effective course intended abrogate weaken either yardsticks purpose simply away subtleties uncertainties characterized criminal pleading common law rule provides pertinent part indictment shall plain concise definite written statement essential facts constituting offense charged need contain matter necessary statement essential element offense established questions defendant refused answer pertinent question inquiry inquiring congressional committee indictments cases charged element offense language statute following practice consistently employed since district columbia cases brought holds however without statement actual subject inquiry allegation inadequate satisfy apprisal requisite valid indictment time allegation found sufficient satisfy jeopardy requisite holding contrary uniform course decisions lower federal courts appeals district columbia circuit sitting first panel later en banc upheld pertinency allegations like present indictment identify particular subject investigated barenblatt app panel sacher app en banc appeals second circuit view josephson lamont quite evidently appeals fifth circuit braden appeals held otherwise nothing recent cases possibly taken foreshadowing decision made today reasons given sudden holding unless confined contempt congress cases bids fair throw federal courts back era criminal pleading thought finally emerged novel unconvincing first argued allegation pertinency statutory terms element core criminality said follow cases uniformly held ante understand cases relies suffice examine three cases quotations culled ante pp cruikshank involved indictment enforcement act stat making felony conspire prevent person exercising enjoying right privilege granted secured constitution laws counts dismissed ground stated federal offense whatever remainder held inadequate standpoint apprisal simply alleged conspiracy prevent certain citizens enjoying rights granted secured constitution laws rights otherwise described identified small wonder opaque allegations drew comment indictment must descend particulars indeed observed according view take counts question whether enough general describe statutory offence language statute whether offence described emphasis supplied simmons concerned indictment involving illegal distilling revised statutes made offense distill spirits premises vinegar manufactured one count indictment charged defendant causing equipment premises vinegar manufactured used distilling count dismissed failure identify person used equipment allege identity unknown grand jurors allege distilling manufacture vinegar coincidental required statute significant standpoint present cases sustaining another count indictment charging defendant engaging business distilling intent defraud tax spirits held necessary allege particular means defrauded tax carll held indictment charging forgery insufficient failure allege scienter though expressly required statute found necessary element crime hence charge statutory language suffice section course contains gap provisions requires indictments involves supplying missing element crime addition particulars element already clearly alleged seems quite clear even cases decided long rule came pertinency allegations present indictments deemed sufficient early cases indicate thing see mills pet evans markham bartell think doubt matter rule debrow supra reversing dismissal perjury indictments gone ground alleged name authority persons administering oath said federal rules criminal procedure designed eliminate technicalities criminal pleading construed secure simplicity procedure charges indictments followed substantially wording statute embodies elements crime charges clearly informed defendants accused enable prepare defense plead judgment bar prosecutions offense inconceivable us defendants possibly misled offense stood charged sufficiency indictment question whether definite certain defendants wanted definite information name person administered oath obtained requesting bill particulars rule crim proc emphasis supplied granting says crucial character pertinency element offense surely element premeditation crime first degree murder standpoint apprisal necessary particularize pertinency indictment follow fortiori contrary prescribed forms federal rules criminal procedure first degree murder indictment particularize premeditation ii says holding needed prevent government switching appeal prejudice defendants different theory pertinency conviction may rested ante pp several good answers extent fear relates subject investigation government course travel outside confines trial record defendant full knowledge meant government may modify appeal trial view connective reasoning supra note relied establish germaneness questions asked subject matter inquiry surely free aspect pertinency simply matter law sinclair moreover find indictments deficient failed allege connective reasoning beyond considerations defendant ample means protecting regard objecting committee hearing pertinency question asked may freeze issue since government case score must stand fall pertinency explanation given committee response objection deutch dissenting opinion cf watkins supra barenblatt failed make pertinency objection committee hearing thereby leaving issue large trial deutch ibid may still seek particularization bill particulars cf kamin supp noted pertinency objection made petitioners committee hearings motions bill particulars made price especially addresses ante pp russell whitman liveright shelton gojack motions made however appeal taken denial motion gojack shelton sufficiency particulars furnished government questioned either motion bill appeal iii referring certain language cruikshank case supra suggests present holding supported important corollary purpose indictment intended serve make possible courts called upon pass validity convictions statute bring enlightened judgment task ante pp whether government established case pertinency something must determined record made trial upon allegations indictment thing motion summary judgment criminal case appellate courts might spared tedium going records allegations indictments spell pertinency facts elsewhere opinion recognizes issue hand hardly judged terms whether fuller indictments simplify courts task ante broad language cruikshank relies properly taken meaning indictment must set forth enough enable determine whether criminal offense jurisdiction alleged cf mcclintock indictment grand jury rev orfield criminal procedure arrest appeal certainly allegations indictments meet requirements iv final point made perhaps novel said statement subject inquiry necessary indictment order fend possibility defendant may convicted theory pertinency based upon subject investigation different may found grand jury argument similar rejected many years ago rosen indictment charging defendant mailing obscene matter generally described upheld strong dissent asserting accused entitled know particular parts material grand jury deemed obscene proposition also certainly unsound principle last analysis mean prosecutor safely introduce advocate trial evidence theories however relevant crime charged indictment presented grand jury cases ex parte bain norris stirone lend support thesis held consistently fifth amendment trial judge amend indictment either striking adding material language amounting latter permitting conviction evidence theories fairly embraced charges made indictment allow effect permit defendant put trial upon indictment found grand jury judge reasoning part opinion sound see escape conclusion defendant convicted lesser included offense alleged grand jury indictment greater offense good plea arrest judgment fed rules crim conclusion realize one dissent sometimes prone overdraw impact decision agree yet unable rid view reversal convictions insubstantial grounds serve encourage recalcitrance legitimate congressional inquiry stemming belief refusal answer may somehow requited apparent seeds decision plants fields criminal pleading well prevented sprouting done today calls mind trenchant observation made justice holmes many years ago paraiso bill rights philippines giving accused right demand nature cause accusation fasten forever upon islands inability seventeenth century common law understand accept pleading exclude every misinterpretation capable occurring intelligence fired desire pervert merits convictions course squarely ruled petitioners principles discussed recent decisions barenblatt wilkinson braden cases acknowledged bar affirm every person summoned witness authority either house congress give testimony produce papers upon matter inquiry either house joint committee established joint concurrent resolution two houses congress committee either house congress willfully makes default appeared refuses answer question pertinent question inquiry shall deemed guilty misdemeanor punishable fine less imprisonment common jail less one month twelve months emphasis added following abbreviations used indicate indictment may found tr transcript record ja joint appendix appeals cr docket number district see grumman tr silber tr hutcheson tr deutch tr barenblatt tr flaxer tr sacher ja watkins tr bart tr emspak tr quinn tr rumely tr pp knowles app cr watson app cr miller app cr la poma app cr brewster app cr singer app cr app cr keeney app cr bowers app cr kamp app cr peck supp cr hoag supp cr fischetti supp cr nelson supp cr jaffe supp cr raley supp cr fitzpatrick supp cr short period rule fed rules crim came effect vestiges pleading continued found indictments compare fleischman tr pp bryan tr however indictments come statutory form four judges dissented grounds record appeal shows one grounds attack indictment failure allege nature matter inquiry said committee record appeal appeals second circuit doc case evinces purpose depart josephson district although dismissing indictment grounds quite evidently found statutory pertinency allegation sufficient affirming appeals citing josephson case among others stated result might well different authority investigating committee appeared indictment note committee lamont subcommittee senate committee government operations whose enabling legislation found authorize investigation subversive activities regards issue decided present cases following observations chief judge clark speaks special authority procedural matters significant pleading either civil criminal practical thing purpose convey information succinctly concisely older days tendency defeat purpose overelaboration formalism avoid opposite trend like consequence formalism generality seems tendency confuse general pleadings entire absence statement claim charge omitted mistake general pleadings far omitting claim charge convey information intelligent sophisticated circle designed thus charge certain time place john doe premeditation shot murdered john roe cr form even though comparatively words made clear offense bringing omitted present indictments however show basis upon eventual conviction rather read light background facts congressional action show conviction emphasis supplied case concerned connective reasoning aspect pertinency watkins rather subject inquiry aspect perceived thought make difference principle first opportunity consider matter ante note stated offence purely statutory general rule sufficient indictment charge defendant acts coming fully within statutory description substantial words statute without expansion matter bishop crim sect authorities cited general rule qualification fundamental law criminal procedure accused must apprised indictment reasonable certainty nature accusation indictment framed defective although may follow language statute emphasis supplied mills evans cases suggest lenient rule pleading applies misdemeanor felony cases although distinction seems disappeared later cases may noted terms makes offense misdemeanor note supra case spoke doubtless way dictum concerning method pleading materiality perjury indictment element akin pertinency sinclair necessary indictment set forth details facts involved issue materiality false statement chittey criminal law author says undoubtedly necessary appear face indictment false allegations material matter issue requisite set forth circumstances render material simple averment suffice king dowlin lord kenyon said always adjudged sufficient indictment perjury allege generally particular question became material question exception prevailing obscenity cases general rule documentary crimes contents document must set forth indictment sustaining indictment charging unlawful mailing indecent letter generally described said present indictment specifically charged accused knowingly violated laws depositing day named specifically named letter indecent character render unfit set forth detail enclosed envelope bearing definite address absence demand bill particulars think description sufficiently advised accused nature cause accusation fact made evident found record shows surprise accused production letter trial cases commentaries referred note ante pp indicate nothing different seems clear proceeded premise isolated excerpt rule regina hicklin recently rejected roth favor whole book rule obtained relied bennett fed cas blatchford excerpt test applied connective reasoning aspect pertinency evidently involved reasoning appropriate note scarcely realistic consider issue law one grand jury exercised independent judgment determining whether indictment returned body may expected quite naturally properly follow district attorney advice score matter law legal premises grand jury acted respect may turn wrong hardly vitiate indictment