Page:Federal Reporter, 1st Series, Volume 2.djvu/678

 iliLEUAK V. ENBEDLEB. 671 �glaughter, and was really found not guUty of murder; and (2) that a verdict of manslaughter was not warranted by sec- tion 1035 of the Eevised Statutes, because the commission of that offence was not necessarily included in the offence charged in the indictment. We think these positions unten- able. The allegations in the indictment, leaving ont the alle- gations as to malice, constituted the offence of manslaughter. The unlawfulness and wilfulness of the acts alleged are charged, and also that they were done with malice. Ths acts charged, when proved to have been done wilfully and with malice, constituted murder within section 5339. Tha Bame acts, when proved to have been done unlawfuUy and vrilf ully, but -without malice, constituted manslaughter, within section 5341. The commission of such offence of man- elaughter was necessarily included in the offence charged in the indictment, because the absence of malice, the other in- gredients charged being proved, made the case one of man- slaughter, when, with the malice added, it would have been murder. �The motion is denied. �Behedict, D. J., and Choatb, D. J., concur. ���Alleman, Assignee, etc., v. Kneedlbb.* �[Circuit Court, E. D. Pennsylvania. April 28, 1880.) �Baiîkkuptot — Fraitdulent Contbtahcb — Gkantbe taking TmjB POB Accommodation of third Pbhson — Absence dp pkaudulent In- TENT. — Where the grantee in a conveyance made by an insolvent debtor in fraud of the bankrupt act talees the title merely at the request of and in trust for a thlrd person, and derives no profit from the transaction, he is not liable to the assignee in banliruptcy for the value of the land unless henot only knew of the insolvency, but also shared the bankrupt's intent to defeat the bankrupt act. �Bill in equity by the assignee in bankruptcy of John Eam- sey against Walter S. Kneedler to recover the value of prop- erty alleged to have been fraudulently conveyed by the �•Prepared by ir:îiik P. Prichard, Esq., of the Philadelphia Bar. ����