In the case of Wong Tai v. United States in 1926, Wong Tai was convicted for conspiracy to violate narcotics laws. He appealed his conviction on grounds that he had been denied a fair trial because the indictment against him was based on hearsay evidence and not direct personal knowledge, which violated his Fifth Amendment rights. The Supreme Court ruled against Wong Tai, stating that an indictment can be valid even if it is based solely on hearsay evidence as long as there is enough credible testimony to support it. Therefore, the court held that since grand jury proceedings are secret and not subject to cross-examination or other forms of scrutiny typical at trial, they do not need to meet the same evidentiary standards required during actual trials.

In the dissenting opinion for Wong Tai v. United States, Justice Oliver Wendell Holmes Jr., joined by Justice Louis Brandeis, argued that the defendant's conviction should be overturned due to a lack of evidence directly linking him to the conspiracy charge. They contended that mere association with conspirators or knowledge of their illegal activities does not constitute participation in a criminal conspiracy. The dissenting justices believed that there was insufficient proof showing Wong Tai actively participated in or contributed to the drug trafficking scheme he was accused of being involved in. Furthermore, they expressed concern over potential violations of due process rights and emphasized the importance of maintaining rigorous standards for criminal convictions, particularly when it comes to serious charges like conspiracy.