De Pratu v. United States

This is an appeal by Louis Raphael De Pratu from a conviction on all three counts of an indictment under Section 746 (a)(18), Title 8 U. S. Code [now 18 U.S. C.A. § 911], charging that he on three separate occasions “knowingly, falsely and feloniously represented himself to be a citizen of the United States without having been naturalized or admitted to citizenship and without otherwise being a citizen of the United States.”

The charges of the first and second counts are identical except as to the date of the alleged offense. Each of those counts charges that appellant on a stated date so made the false statement of citizenship in an application for a retail liquor license filed with the Montana Liquor Control Board by answering “Yes” to the question “Are you a. citizen of the United States?”, when appellant was not, and well knew he was not, such a citizen.

The third count charges that appellant so made the false statement of citizenship on September 11, 1946 before a board of special inquiry of the Immigration and Naturalization Service of the United States when, as a witness, he testified that “I acquired United States citizenship through my father who naturalized in the…