Theodosios Theodores Tzantarmas v. United States

This appeal is taken from a conviction on a charge of knowingly and wilfully making false statements and representa tions in a matter within the jurisdiction of the United States Immigration and Naturalization Service (Service), in violation of 18 U.S.C. § 1001 (1964).

Arguing for reversal, defendant contends: (1) the court failed to rule on whether, under the circumstances of this case, defendant’s “exculpatory no” answer to a question asked by an officer of the Service is a “statement” within the meaning of section 1001; (2) defendant’s “exculpatory no” was not a “statement” within the meaning of that section; (3) defendant’s negative answer was not material; and (4) certain exhibits were improperly admitted into evidence.

Defendant, a native born citizen of Greece, was a seaman aboard a Greek vessel which docked at Philadelphia, Pennsylvania, on January 30, 1964. According to defendant’s testimony, his ship left port while he was on shore seeing a doctor. Stranded in Philadelphia, defendant took the bus to Portland, Oregon where, by prearrangement, he met Alice Paulson, a girl he had become friendly with on a previous visit. Defendant and Miss Paulson were married on February…