Udani

Pursuant to request of counsel the Court states its conclusions in connection with the order made in open Court on April 9, 1956 denying defendant’s motion to dismiss.

*31 An indictment was returned against the defendant February 2, 1956, charging him with having violated Section 1425 of Title 18 U.S.C.A. (knowingly procuring or attempting to procure naturalization contrary to law and procuring or attempting to procure naturalization when not entitled thereto) and with having violated Section 1015 of Title 18 U.S.C.A. (knowingly making false statement under oath in naturalization proceeding).

The indictment recites:

The defendant has moved to dismiss on the ground, firstly, that no offense is stated because no material falsehood is alleged and secondly, that the prosecution of the offense is barred by the statute of limitation, in that the lengthening of the statutory period after the date of the alleged offense is, as to the. defendant, unconstitutional.

For the purposes of this motion we assume the matters set forth in the indictment are true, and that the alleged statements were made as charged.

It is our understanding that the defendant urges that the misrepresentation as…