“ In response to the certiorari petition, the Solicitor General has filed a motion requesting that the judgment of the Court of Appeals for the Sixth Circuit be vacated and the cause remanded to the District Court with directions to dismiss the information. The ground of the motion is that 'the initiation of the instant prosecution was not in accord with policies which had previously been formulated within the Department (of Justice) for the guidance of United States Attorneys.' The policies referred to are set forth in a memorandum to United States Attorneys, dated August 31, 1964. ”

“ Mr. Justice STEWART, with whom Mr. Justice BLACK and Mr. Justice DOUGLAS concur, would reverse this conviction, not because it violates the policy of the Justice Department, but because it violates the Constitution. ”