This section contains the nature of the case and procedural background.

Ds were indicted for violations of the kidnapping statute, 18 U.S.C. § 1201 (1970). D moved to dismiss the indictment as to him on the ground that the prosecutor informed the grand jury, prior to indictment, that D had taken and failed a polygraph examination. D argued that reference to the examination itself was impermissible, or if the statement could be made, that the prosecutor was obligated to inform the grand jury of the technological problems with polygraph examinations generally and the hearsay quality of the examination itself. The court did not render a decision. D was found guilty by the jury. D moved for an acquittal or a new trial on the same grounds as his first motion for dismissal of the indictment.

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