Page:Federal Reporter, 1st Series, Volume 2.djvu/676

 united states v. leonard. 669 �The United States v. Leonard. �(OircuU Court, S. B. New York. May 25, 1880.) INDICTMEîIT— MXJBDEB— MANSLATraHTBK.— Rbv. Bt. H 5359, 5341, 1035. �William P. Fiero, Asst. Dist. Atty., for the United States. �John A. Goodlett, for defendant. �Blatchpord, g. J. Section 5359 of the Eevised Statutes of the United States provides that "every person who commita murder * * * upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay, within the admiralty and maritime jurisdiction of the United States, and oat of the jurisdiction of any particular state, or who, upon any such ■waters, maliciously strikes, stabs, wounds, poisons, or shoots at, any other person, of which striking, stabbing, wounding poisoning or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death." �Section 5341 provides that "every person who, within any of the places or upon any of the waters deseribed in section 6339, unlawfuUy and wilfuUy, but without malice, strikes, stabs, wounds, or shoots at or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury Such other person dies, either on land or at sea, within or •without the United States, is guilty of the crime of man- slaughter." �Section 1035 provides that "in ail crîminal causes the de- fendant may be found guilty of any offence, the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offence so charged; provided, that such attempt be itself a separate offence. " �The indictment in this case alleges that the defendant, "upon the high seas, within the admiralty and maritime jurisdiction of the said United States, and out of the jurisdic- tion of any particular state, and within the jurisdiction of this court — that is to say, in and on board of a certain American �5* ����