Bracy v. United States, 435 U.S. 1301 (1978)

Bracy v. United States


No. A-798 (77-1360)


Decided March 29, 1978
435 U.S. 1301

ON APPLICATION FOR STAY

Syllabus

Application for stay of Court of Appeals’ judgment affirming applicants’ narcotics convictions and denying rehearing, pending a petition for certiorari wherein it is claimed that the indictment should be dismissed because a witness committed perjury before the grand jury, is denied where it does not appear that four Justices would vote to grant certiorari. An indictment is not invalidated by the introduction of inadmissible evidence before the grand jury, which sits not to determine the truth of the charges, but only to determine whether there is probable cause to believe them true so as to require the defendant to stand trial.