charge sought to be established against
him.[70] The Constitution does not require the Government to furnish a
copy of the indictment to an accused.[71]

Right of Confrontation

The right of confrontation did not originate in the Sixth Amendment; it
was a common law right having recognized exceptions. The purpose of the
constitutional provision was to preserve that right, but not to broaden
it or wipe out the exceptions.[72] The amendment does not accord a right
to be apprised of the names of witnesses who appeared before a grand
jury.[73] It does not preclude the admission of dying declarations,[74]
nor of the stenographic report of testimony given at a former trial by a
witness since deceased.[75] An accused who is instrumental in concealing
a witness cannot complain of the admission of evidence to prove what
that witness testified at a former trial on a different indictment.[76]
If the absence of the witness is chargeable to the negligence of the
prosecution, rather than to the procurement of the accused, evidence
given in a preliminary hearing before a United States Commissioner
cannot be used at the trial.[77] A statute which declared that the
judgment of conviction against the principal felons should be conclusive
evidence, in a prosecution against persons to whom they had transferred
property, that the property had been stolen or embezzled from the United
States, was held to contravene this clause.[78]

Assistance of Counsel

The Sixth Amendment withholds from the federal courts, in all criminal
proceedings, the power to deprive an accused of his life or liberty
unless he has waived, or waives, the assistance of counsel.[79] Since
deportation proceedings are not criminal in character, the admission of
testimony given by the alien during investigation prior to arrest did
not render the hearing unfair, despite the fact that he had not been
advised of his right to have counsel or to decline to answer questions
as to his alienage.[80] The right to counsel is violated where, over the
defendant's objection, the court requires his counsel to represent a
co-defendant whose interest may possibly conflict with his;[81] likewise
where the trial judge decided, without notice to a defendant and without
his presence, that the latter had consented to be represented by counsel
who also represented another defendant in the same case.[82] The right
may be waived by a defendant whose education qualifies him to make an
inte