In Tyson v. United States, 1935, the U.S Supreme Court ruled on a case involving an individual who had been convicted of violating the National Prohibition Act by possessing and selling alcohol. The defendant, Tyson, argued that his conviction should be overturned because he was not allowed to cross-examine one of the key witnesses against him - a violation of his Sixth Amendment rights. However, this witness had died before trial and their testimony from preliminary hearings was used instead. The court held that while defendants generally have a right to confront their accusers in court under the Sixth Amendment's Confrontation Clause; however there are exceptions when it is impossible or impractical for such confrontation to occur (like death). In these cases testimonies given at earlier stages can be used if they were made under circumstances which demonstrated both necessity and reliability.

In the dissenting opinion for Tyson v. United States, Justice Stone argued that the majority's decision to uphold Tyson's conviction was flawed due to a lack of evidence proving his guilt beyond reasonable doubt. He contended that there were significant inconsistencies in the testimonies provided by government witnesses and pointed out that no physical evidence linked Tyson directly to the crime scene or victim. Furthermore, he criticized how heavily weighted circumstantial evidence was in this case, asserting it should not be enough on its own to convict someone of such serious charges without more concrete proof. In conclusion, Justice Stone believed that upholding Tyson’s conviction based largely on questionable witness testimony and weak circumstantial evidence set a dangerous precedent for future cases where similar evidentiary standards might be applied.