United States v. Chow Bing Kew

Count one of a two-count indictment charges the defendant with a violation of 18 U.S.C.A. § 911 1 in that he falsely *254 represented himself to be a citizen without having been admitted to citizenship. The government's proof on this count consisted of an application for a California alcoholic beverage license filed January 18, 1952, signed by the defendant. In response to a question contained in the application, “Are you a citizen of the United States?” the word “Yes” had been typed. Defendant admits he is not a citizen of the United States. He has resided continuously in this country since his arrival from China in 1929 as a merchant’s son, and he has never been naturalized.

The laws of California do not require that a licensee of the type involved in this case must be a citizen of the United States. Accordingly, defendant urges that his affirmative answer was irrelevant, and therefore no violation of § 911 was committed by him.

In United States v. Achtner, 2 Cir., 1944, 144 F.2d 49, 52 , the defendant in answer to a questionnaire of his employer, a private corporation, stated that he was a citizen of the United States. In affirming his conviction, the court held that the…