United States v. Domenico D'Agostino A/K/A Domenick D'agostino, A/K/A Domenick Dagostino, Niagara Falls, New York

LUMBARD, Chief Judge:

D’Agostino appeals from a judgment of the United States District Court for the Western District of New York which revoked and set aside an order of March 21, 1927 admitting him to citizenship, and cancelled his certificate of naturalization. The complaint, brought pursuant to 8 U.S.C. § 1451(a), charged that in the 1927 naturalization proceedings appellant had stated falsely (1) that he had never been arrested, and (2) that he was not married and did not have any children. Judge Burke found for the appellant on the first charge and for the government on the second. As we…