Littleton

(after stating the facts as above). The statute under which the indictment was drawn (Act June 29, 1906, 34 Stat. 603 , c. 3592, Comp. St. § 4379) provides that any person who knowingly procures naturalization in violation of the provisions of the act shall he punished as prescribed, and that upon conviction the court in which such conviction is had shall thereupon adjudge and declare that final order admitting such person to citizenship void. The statute also provides: “Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined. * 46 6 ”

Petitioner’s position is that the first count is fatally defective: (1) In that it does not allege that any proceeding of any kind…