Ackerschott

Ackerschott v. United States

Good Law
139 F.2d 114·1943 U.S. App. LEXIS 2208
United States Court of Appeals for the Ninth CircuitNovember 18, 1943No. 10422California613 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from conviction and sentence for violation of 18 U.S.C.A. § 141 , R.S. § 5428. That statute, so far as here applicable, provides that “whoever, for any fraudulent purpose whatever, shall falsely represent himself to be a citizen of the United States without having been duly admitted to citizenship, shall be fined not more than $1,000, or imprisoned not more than two years, or both.” The indictment herein charged that appellant, at a registration for voters at a specified election, at a time and place stated, “did knowingly, wilfully,, unlawfully, feloniously, falsely and fraudulently represent himself to be a citizen of the United States of America without having been duly admitted to such citizenship, and for the fraudulent purpose of causing himself to be registered as a voter at said election, when, in fact, he, the said Theodore Robert Ackerschott was an alien and had never been naturalized as a citizen of the United States of America, or admitted to such citizen *115 ship, as the said defendant then and there well knew; * * *

Appellant’s sole contention on this appeal is that the indictment does not state an offense because it fails to allege that appellant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.