Page:Federal Reporter, 1st Series, Volume 2.djvu/509

 602 FBDBBAIi BBFOBTBB. �with a balance of |8,670.79. I understand the money has been invested by consent of the parties, and of course wbat- ever interest is earned -will be added to this balance. ���United States v. Jackson. [Circuit Court, D. New Eampshire. May 13, 1880.) �Battkrtjptcy — Conge ALMBNT of Propbutt — Indictmbnt fob. — An in- dictment under the bankrupt law for wilful and fraudulent conceal- ment of his goods by the bankrupt alleged such concealment some monthsafter the adjudication, " ail then and there the property" of him, the said bankrupt. Hdd, that the f allure to allege specifically that the property concealed was the property of the bankrupt, at the time of the adjudication in bankruptcy, waa a formai defect. �Inbictment — Defects ik.— A particular intent which, by the statute, makes an act a crime is matter of substance, but mistakes in expressing the substance of a crime, if the meaning eau be understood, will be looked upon as formai defects. �Mr. O'Ray, U. S. Attorney, for the United States. �Mr. Clark, for respondent. �LowELL, C. J. The Eevised Statutes, in section 5132, punish a person "respecting whom proceedings in bankruptcy are commenoed," whetber by hisown petition or that of his cred- itors, "who, with intent to defraud, wilfully and fraudulently conceals from his assignee, or omits froni his inventory, any property or effects required by the title to bedescribed therein." The indictment charges such an ofPence. It is demurred to upon the ground that there is no intelligible allegation that the goods and chattels said to have been concealed were the property of the defendant when the proceedings were begun. That the defendant waS made a bankrupt in March, 1876, and that an assignee was chosen and qualified in April, are set forth, in a mode not objected to. After stating these facts the indictment proceeds to say that Cornelius Coolidge, the assignee, was entitled to bave and receive, for the benefit of the defendant's creditors, ail the estate and effects assignable under the laws of the United States concerning bankruptcy ; ����