Smiley

Appellant was convicted on Counts One and Three of an indictment numbered 20,-069, and on Count One of an indictment numbered 20,604, charging him with knowingly, wilfully and fraudulently representing to persons having good reason to inquire into the nationality status of appellant, that he, appellant, was a citizen of the United States, whereas in truth and in fact appellant well knew that he- was not. 8 U.S.C.A. § 746 (a) (18).

Under the first count of indictment 20.069 the misrepresentation was alleged to have been made to one Thomas A. Cox, an-employee of the Police Department of the City of Beverly Hills, California.

Under Count Three of indictment No.; 20.069 the misrepresentation was alleged to have been made to one J. E. Siu, a Deputy Sheriff of the County of Los Angeles.

Indictment No. 20,604 charged the misrepresentation to have been made tor Deputy Sheriff J. E. Siu on a different date than that charged in Count Three of No. 20,069.

As to Count One of indictment No. 20,069 the evidence discloses that appellant was held as a material witness for interrogation by the Beverly Hills Police Department. At the time of detention a Police Officer made out a booking slip…