Warszower v. United States, 312 U.S. 342 (1941)

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Warszower v. United States


No. 338


Argued January 16, 17, 1941
Decided February 17, 1941
312 U.S. 342

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. A citizen of the United States who willfully and knowingly uses a United States passport which was secured by a false statement, is guilty of an offense under § 2 of the Passport Title of the Act of June 15, 1917, when the use was for the purpose of establishing his identity and citizenship and consequent right to reenter this country from abroad. Browder v. United States, ante, p. 335. P. 343.

2. Evidence consisting of a ship’s manifest of incoming United States citizens with their names and the numbers of their respective passports, and the testimony of an immigration inspector as to his practice of examining the passports in such cases, checking their numbers with those on the manifest, held sufficient to go to the jury on the question whether the prisoner presented his passport on entering the country. P. 344.

3. Statements that were made by an accused before the commission of the crime charged and which are inconsistent with his innocence are admissible in evidence without corroborative proof. P. 347. 113 F.2d 100, affirmed.

Certiorari, 311 U.S. 631, to review the affirmance of a sentence under an indictment.