Opinion
No. 311.
April 27, 1945.
Appeal from the District Court of the United States for the Eastern District of New York.
Wilhelm Schefold was convicted of violating 18 U.S.C.A. § 80 on a plea of guilt after his demurrer to, and motion to quash, the indictment had been overruled and denied, and he appeals.
Affirmed.
Elbridge E. Gerry, of New York City, for defendant-appellant.
Robert M. Hitchcock, Sp. Asst. to Atty. Gen. (T. Vincent Quinn, U.S. Atty., of Brooklyn, N.Y., on the brief), for plaintiff-appellee.
Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
The only issue on this appeal is the applicability of 18 U.S.C.A. § 80 to a false denial of Nazi Party membership upon an application for a certificate of identification as an alien enemy — a question we have just considered in United States v. Heine, 2 Cir., 149 F.2d 485, and United States v. Barra, 2 Cir., 149 F.2d 489, decided herewith. For the reasons there stated, we hold the statute applicable.
Affirmed.