Scott
United States v. Scott
Opinion
lead Opinion
Wiig, J.
The defendants, John Baldwin Scott and Marciano Padua, were indicted by the grand jury on January 14, 1954. Count 1 charged them with a violation of 18 U.S.C.A. § 371 , in that they conspired to commit offenses against the United States of America and to defraud the United States of America. Counts 2 through 19 of the indictment charged the defendant Scott with violations of 18 U.S.C.A. § 1422 , which section provides in part as follows:
shall be guilty of an offense. In Count 7, the defendant Padua was charged with this offense as an aider and abettor under 18 U.S.C.A. § 2 .
Scott had been a Naturalization Examiner in San Diego for many years. As such, it was his official duty to examine aliens as to their qualifications for American citizenship and, after conducting such examinations, to recommend the granting or denial of citizenship as to each petitioner. He was on the eve of retirement after nearly thirty-six years of service with the United States Government. Padua was a local barber with a wide acquaintance among aliens of Filipino extraction residing in California.
From the evidence adduced at the trial, it appeared that Scott and Padua had been working together for an…