had four sisters whose names were Emily, Anna, Clementina, and
Louisa whose ages in 1947 were from 41 to 47 years.
The government has presented in the next division of exhibits
documentary evidence that one Felice De Lucia was born in Naples,
Italy, on November 14, 1897, whose parents were Antonio and Maria
Annunziata (Ex. 28), whose children were a son, Felice, born in
Naples, and four daughters born in Ottaviano, Italy, named Emilia
Beatrice, born 1898, Anna Clementina, born 1901, Clementina
Eleonora, born 1905, and Luise Maria, born in 1907. (Exs. 29,
33A, through D.) Exhibit 42 shows that there was only one Felice
De Lucia whose birth was registered on November 14, 1897, in
Naples, Italy, and whose parents were Antonio and Maria
Annunziata. Exhibits 14M and 14N show there was no birth
certificate for a Paolo Maglio, son of Enrico and Maria Torelli,
either in Naples or Ottaviano, Italy, or for a Felice De Lucia in
Apricena or Ottaviano, Italy. (Exs. 40, 43.) Felice Le Lucia's
father died at the age of 55 in January 1925 (Ex. 31A) and his
mother at the age of 44 in May 1917 (Ex. 31B).
Government exhibits 36, 37 and 38 are official documents
showing that Felice De Lucia, son of Antonio and Maria
Annunziata, born November 14, 1897, in Naples was convicted in
1917 of the voluntary homicide of Emilio Perillo, and in 1920 of
Vincenzo Capasso. Exhibit 39 is a record showing that Antonio De
Lucia was charged with others for the homicide of Raffaele
Perillo on July 1920 and with giving assistance to the
"premeditated homicide on the person of Vincenzo Capasso, by
causing culprit Felice De Lucia, his absconding son, to make up
his mind to commit it."
The court is of the opinion that the foregoing evidence clearly
establishes that Paul De Lucia and Felice De Lucia are one and
the same person.
The use of an assumed name to gain entry into the United
States, or such use in the filing of a Declaration of Intention
has been held sufficient grounds for revocation of a
naturalization certificate, unless it is shown that this name had
been one assumed and used prior to entry into the United States.
United States v. Goldstein, D.C.N.Y. 1939, 30 F. Supp. 771; United
States v. Shapiro, D.C.Cal. 1943, 43 F. Supp. 927, 928; United
States v. Perez, D.C.N.Y. 1939, 29 F. Supp. 888; United States v.
Marino, D.C.N.Y. 1939, 27 F. Supp. 155; United States ex rel. Fink
v. Reimer, 2 Cir., 1938, 96 F.2d 217; Landon v. Clark, 1 Cir.,
1957, 239 F.2d 631, 632. Cf. United States ex rel. Leibowitz v.
Schlotfeldt, 7 Cir., 1939, 94 F.2d 263. The fact that an
applicant fails to reveal his criminal record is also grounds for
cancellation of a naturalization certificate. Corrado v. United
States, 6 Cir., 1955, 227 F.2d 780; United States v. Montalbano,
3 Cir., 1957, 236 F.2d 757; United States v. Ascher, 2 Cir.,
1945, 147 F.2d 544; United States v. Accardo, 3 Cir., 1951,
208 F.2d 632; Stevens v. United States, 7 Cir., 1951, 190 F.2d 880.
In Corrado v. United States, supra [227 F.2d 784], the court
"* * * How could any Government official or witness
say whether or not citizenship would have been denied
appellant from an investigation of the various causes
of his arrest, when no opportunity for investigation
was afforded? His false statement upon the material
matter in actuality caused no investigation to be
made. To be awarded citizenship in the United States
exacts the highest standard of rectitude. Our
Government should be afforded full opportunity for
investigation of the moral character and fitness of
an alien who seeks to be vested with all the rights,
privileges and immunities of a natural born citizen
of the United States. * * *"
In United States v. Montalbano, supra [236 F.2d 759], the court