276 F. 111 | 9th Cir. | 1921
Hauge was convicted of having sworn falsely in a proceeding under the laws relating to the naturalization of aliens, and brings writ of error. Section 80, Penal Code (Comp. St. § 10248). The indictment charged that in June, 1920, in the District Court of the United States, in Oregon, Hauge took an oath to answer truthfully all questions which might be put to him touching his qualifications for admission to become a citizen of the United States, and that while under oath he willfully and feloniously falsely swore that about January 9, 1918, at the time he filed his questionnaire with the local board in Chicago, in the course of registration for military, services, he did not make claim for exemption from military service of the United States by virtue of his alienage and foreign citizenship, or the fact that he was nót a citizen of the United States; whereas, in truth about January .-8, 1919, he filed with the local board a questionnaire in which he claimed exemption as a resident alien, not an enemy, and claimed classification in division F of Class V, and claimed exemption from military service because he was not a citizen of the United States and stated that he was willing to return to bis native country and enter its military service, and that in June, 1920, he well knew he had made the said claims for exemption.
Upon the trial it appeared that in August, 1920, there was a rehearing by the District Court of Hauge’s petition for naturalization and that at such rehearing Hauge admitted under oath that his testimony on the first hearing in June, 1920, was to the effect that he had not claimed exemption at the time of making out his questionnaire. - Hauge’s counsel objected to the admission of the testimony. The government offered in evidence a statement with answers in writing by Hauge to the naturalization examiner in connection with his petition for naturalization in which Hauge stated that he had not claimed exemption on the ground of alienage. It is contended that the court erred in admitting such written statement.
Both matters were evidence in the nature of admissions over Hauge’s signature, and clearly competent as original evidence against him. 16 C. J. 626; Adamson v. U. S., 184 Eed. 714, 107 C. C. A. 633.
We have carefully examined the whole record and find no error.
The judgment is affirmed.