Prevost

Appellant, Joseph Harry Prevost, 1 was *748 indicted in three counts. Counts 1 and 2 charged violations of subsections (a) and (d) of § 346 of the Nationality Code, 8 U.S.C.A. § 746 (a) and (d). 2 Count 3 charged a violation of subsection (a) of § 31 and subsection (a) of § 36 of the Alien Registration Act, 1940, 8 U.S.C.A. §§ 452 (a) and 457(a). 3 Appellant moved to dismiss counts 1 and 2. The motion was denied. Appellant pleaded not guilty and was tried. At the trial, appellee’s Exhibits 8 and 9 were admitted in evidence over appellant’s objections. Appellant was convicted on each count of the indictment, was sentenced, and has appealed.

Appellant assigns as error the denial of the motion to dismiss counts 1 and 2. The motion was, in effect, a demurrer to these counts on the ground that they did not charge offenses against the United States. Count 1 alleged, in substance and effect, that on or about May 14, 1942, in Sausalito, California, appellant, in an application for employment, knowingly falsely represented himself to be a citizen of the United States, whereas, in truth and fact, he was not, and knew he was not, then and there a citizen of the United States. Count 2…