Ackerschott
Ackerschott v. United States
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…