Thurgood Marshall

“ The Government, without conceding the more extreme of petitioners' arguments, does not oppose granting the writ and reversing the judgments of conviction on the ground that the minimal instructions given the jury make it 'quite possible that the present convictions rest upon an unacceptably broad reading of the regulation,' and that such a defect can be noticed by this Court even though no objection was made to the instruction in the trial court. ”