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UNITED STATES v. BROWDER

No. 305.

113 F.2d 97 (1940)

UNITED STATES v. BROWDER.

Circuit Court of Appeals, Second Circuit.

June 24, 1940.

Attorney(s) appearing for the Case

Walter H. Pollak and Carol King, both of New York City, Benjamin Goldring, of Brooklyn, N. Y., and Edward Kuntz, of New York City, for appellant.

John T. Cahill, Lester C. Dunigan, Frank H. Gordon, and Robert L. Werner, all of New York City (Ashley J. Nicholas, Sp. Asst. to the U. S. Atty., of New York City, of counsel), for the United States.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

This appeal raises a point of law, whether the exhibition of a passport to a United States immigrant inspector as proof of the appellant's citizenship on his entry into this country from a trip abroad is a "use" of such passport within the meaning of 22 U.S.Code, § 220, 22 U.S.C.A. § 220. Section 220, originally section 2 of title IX of the Act of June 15, 1917, reads: "Whoever shall willfully and knowingly make any false statement...

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