Pinkus v. United States, 436 U.S. 293 (1978)

MR. JUSTICE STEVENS, concurring.

If the Court were prepared to reexamine this area of the law, I would vote to reverse this conviction with instructions to dismiss the indictment. See Marks v. United States, 430 U.S. 188, 198 (STEVENS, J., concurring and dissenting); Smith v. United States, 431 U.S. 291, 311 (STEVENS, J., dissenting); Splawn v. California, 431 U.S. 595, 602 (STEVENS, J., dissenting); Ward v. Illinois, 431 U.S. 767, 777 (STEVENS, J., dissenting). But my views are not now the law. The opinion that THE CHIEF JUSTICE has written is faithful to the cases on which it relies. For that reason, and because a fifth vote is necessary to dispose of this case, I join his opinion.