Stanley Forman Reed

“ As the trial court instructed the jury it might convict if any one of the statements charged in the indictment to be false was found false, it is necessary before affirmance is justified to decide whether there was adequate evidence to support the charge of falsity as to each of the statements. Petitioner contends that as to the allegedly false statements of American citizenship and no prior residence outside the United States, there was no proof of falsity except admissions to the contrary made by petitioner prior to the use of the passport. ”

“ As grounds for reversal petitioner urges (1) that the presentation of a wrongfully held passport to an immigration officer upon landing is not a use within the statute; (2) that the evidence of the use was insufficient to justify the submission of the case to the jury; and (3) that conviction was obtained by the use of admissions before the crime, without corroboration, to establish necessary elements of the charge.
Nothing need be added to the discussion in the Browder case of the illegality of this use. There are no marks of differentiation. ”

“ This colloquy then occurred:
'The Court: * * * do you make any entry on the manifest when a man identifies himself as an American citizen?
'The Witness: The whole manifest is of American citizens.
'The Court: And when the man presented his passport what did you do? ”