Gaglione v. United States, 2394.
| Citation | 35 F.2d 496 |
| Decision Date | 05 November 1929 |
| Docket Number | No. 2394.,2394. |
| Parties | GAGLIONE v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
William H. Lewis, of Boston, Mass. (Matthew L. McGrath, of Boston, Mass., on the brief), for appellant.
John W. Schenck, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for the United States.
Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.
This is an appeal from a conviction for perjury in a naturalization proceeding. The appellant's learned counsel has strenuously urged error, mainly in overruling a demurrer to the indictment. We are forced to the conclusion that his contentions are exceedingly technical and entirely unsound.
The indictment alleged, in substance, that Gaglione, after the filing of his petition for naturalization, appeared before Allen F. Church, Assistant Director of Naturalization, for a preliminary hearing on his pending petition for naturalization and for the findings and recommendations of the said Church as affecting his admissibility for naturalization; that Gaglione was duly sworn before said Church, and was asked if he had ever been arrested, to which he replied, "No," whereas in fact he had been arrested several times for offenses duly described in the said indictment.
No question is made that Church was duly designated under the Act of June 8, 1926, 44 Stat. 709 (8 USCA § 399a), an examiner in the Bureau of Naturalization,
The same statute also provides:
...
To continue reading
Request your trial
-
United States v. Accardo
...to disclose an arrest, as well as a conviction, in order that the Government might investigate before granting the decree. Gaglione v. U. S., 1 Cir., 1929, 35 F.2d 496; In re Paoli, D.C. Cal.1943, 49 F.Supp. 128. That defendant's wilful failure to disclose this situation to the authorities ......
-
United States v. Anastasio, Civ. No. 1189-52.
...States, 1 Cir., 175 F.2d 90; Del Guercio v. Pupko, 9 Cir., 160 F.2d 799; United States v. Saracino, 3 Cir., 43 F.2d 76; Gaglione v. United States, 1 Cir., 35 F.2d 496; United States v. Goldstein, D.C., 30 F.Supp. 771. The statements made by the defendant, both in his application and upon or......
-
United States v. Corrado, 12337.
...concealed the fact that he had been arrested. He "falsified" and "misrepresented" and was also probably guilty of perjury. Gaglione v. U. S., 1 Cir., 35 F.2d 496. If he had revealed that he had been arrested it does not necessarily follow that he would have been denied citizenship, but this......
-
In re Jow Gin, 9748.
...citizenship leads to a judgment, the court should have the opportunity and the duty of applying the law to the facts." In Gaglione v. United States, 1 Cir., 35 F.2d 496, the court considered a situation wherein the appellant had been convicted of perjury alleged and found to have been commi......