CHAPTER III. HAVING POSSESSION OF BURGLARIOUS INSTRUMENTS AND DEADLY WEAPONS. § 466. Possession of burglarious instruments. 466. Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of misdemeanor. Any of the structures mentioned in section four hundred and fifty-nine of this Code, shall be deemed to be a building within the meaning of this section. [In effect March 3rd, 1874.] To procure, with a criminal intent, is an offense-Russ. & R. C. C. 308; 1 El. & B. 435; and possession may be shown on a charge of procuring-Russ. & R. C. C. 308; 1 Lew. C. C. 42. 467. Every person having upon him any deadly weapon with intent to assault another, is guilty of a misdemeanor. CHAPTER IV. FORGERY AND COUNTERFEITING. § 470. Forgery of wills, conveyances, etc. § 471. Making false entries in records or returns. § 473. Punishment of forgery. § 474. Forging telegraphic messages. § 475. Passing or receiving forged notes. § 476. Making, passing, or uttering fictitious bills, etc. § 477. Counterfeiting coin, bullion, etc. § 478. Punishment of counterfeiting. § 479. Possessing or receiving counterfeit coin, bullion, etc. § 481. Counterfeiting railroad ticket, etc. § 482. Restoring canceled tickets. 470. Every person who, with intent to defraud another, falsely makes, alters, forges, or counterfeits any charter, letters, patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank-bill or note, post-note, check, draft, bill of exchange, contract, promissory note, due-bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever or any letter of attorney, or other power to receive money, or to receive or transfer certifi cates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or counterfeits or forges the seal or handwriting of another; or utters, publishes, passes, or attempts to pass, as true and genuine, any of the above named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court, or the return of any officer to any process of any court, is guilty of forgery. Forgery defined.-Forgery is the fraudulent making or alteration of a writing, to the prejudice of another's rights-35 Cal. 507; 4 Up. Can. Pr. 216; 1 Dears. & B. 566; Law R. 1 C. C. 200; 2 Leach, 775. It is the false making, or materially altering, with intent to defraud, any writ ing which, if genuine, might apparently be of legal efficiency, or the foundation of a legal liability-53 Ala. 467; 5 Ark. 349; 8 Iowa, 231; 19 id. 299; 26 id. 407; 20 id. 541; 3 Cush. 150; 2 Bay, 262; 2 Me. 365; 50 id. 409, 411; Thach. C. C. 187; 2 Const. S. C. 669; 4 Parker Cr. R. 217; 6 id. 135; 8 Yerg. 151; 15 Mass. 526; Addis. 33; 1 James, 385. It is the making of an instrument fraudulently purporting to be that which it is not -10 Low. Can. Jur. 296; Law R. 1 C. C. 200; doubted-11 Gray, 197; or a fraudulent application of a false signature to a true instrument-1 Hale P. C. 683. Even a mark made in the name of another is forgery1 Leach, 57. Writing includes everything done by the pen, by engrav ing, or by printing-3 Gray, 441; 8 Cox C. C. 32; or otherwise-86 Ill. 239; as, by pasting a name over another's-1 Har. (Del.) 507; or, engraving-4 Parker Cr. R. 166; 7 Cox C. C. 44: Dears. & B. 460; 1 Moody C. C. 307; id. 304; or by photographic process-Leigh & C. 330. The bare making, without publishing or uttering, constitutes the offense2 Bay, 262; 2 Mass. 397; Russ. & R. C. C. 97. The common-law offense is not superseded by the statute-3 Cush. 150. The purpose of the statute is protection of society-35 Cal. 503. Subjects of forgery.-The following instruments have been held subjects of forgery: An acquittance for a specific sum-2 Cranch C. C. 521; 1 Sid. 278; or a receipt in full-2 Allen, 161; 15 Ohio, 717; 2 Leach, 732. A receipt may be an acquittance-15 Mass. 526; 51 Vt. 102; 7 Car. & P. 549; 8 id. 180; 1 Car. & M. 135; and an agreement of sale of standing timber may be a receipt-14 Up. Can. C. P. 309. So, book entries aro subjects of forgery when legal evidence against vendee-32 Pa. St. 529; 49 How. Pr. 462; but see 46 N. H. 266; or entries in a pass-book-9 Cox PEN. CODE.-17. C. C. 162; id. 166; 1 Leach, 180. So. to alter accounts after joint settlement is forgery-15 Ohio, 717. Certificates of good character are subjects of forgery-Thach. C. C. 187; 10 Mass. 200; 2 Fost. & F. 44; 4 Cox C. C. 38; 6 id. 312; 7id. 503; Dears. & B. 285; 4 Up. Can. L. J. 240. So, of letters of attorney-28 Mích. 255; S. C. 2 Green C. R. 572. So a letter of recommendation may be a subject of forgery-2 Cranchi C. C. 521; 56 Ga. 171; 1 Salk. 406; or a letter of credit-2 Cranch C. C. 521; Styles, 12; but a mere letter of introduction is not within the rule-67 111. 91. County warrants are subjects of forgery-19 Mo. 415; so, of bondsAddis. 44; 2 Va. Cas. 205; so, of deeds for land-Law R. 1 C. C. 200; 20 Up. Can. C. P. 159; though lying in another State-18 Johns. 163; or a certificate of acknowledgment-63 Ind. 567. A forged transfer of land, though a blank be left for the name of the transferee, is an justrument within the statute-6 Tex. Ct. App. 364. Federal securities are subjects of forgery cognizable in State courts-87 Pa. St. 87: 4 Dall. App. 26; see 4 Binn. 418; so, of telegraphic messages-25 Up. Can. C. P. 440; so, of railroad and other tickets-3 Gray, 441; 9 Cox C. C. 160; 2 Car. & K. 604; as lottery tickets-3 Gray, 441. Writings subject of forgery.-The instrument need not be in writ Ing nor in words-2 Har. (Del.) 288; 14 Me. 30; 9 Cox C. C. 391; 6 id. 533. All writings affecting another's rights, whether under seal or not, are subjects of forgery-see 7 Baxt. (Tenn.)76; 53 Ala. 463. But if the instrument be void on its face, or merely frivolous, it is not subject of forgery-26 Up. Can. Q. B. 202; unless the forgery be one of a series of acts done to defraud-35 Cal. 503; 120 Mass. 358; 12 Serg. & R. 257; 37 Tex. 501; so, if it be void by statute-1 Leach, 431; Russ. & R. C. C. 65; so, if it be a nudum pactum-35 Cal. 503. It must be an instrument on which suit could be brought-2 Me. 365; see 1 Whart. C. L. 6th ed. § 66; and must be calculated to injure another-35 Cal. 503; 7 Baxt. (Tenn.) 76; or that injury may probably or possibly be done-53 Ala. 469; 50 id. 161; 4 Wash. C. C. 726; Bald. 374; 3 Cranch C. C. 43; 2 Taunt. 333; 2 Strange, 747; 2 Ld. Raym. 1461; 2 Strange, 901; 1 Ld. Raym. 707; and its capacity to injure may be imparted to it by extrinsic facts-53 Ala. 467; 34 Vt. 503; 11 Ohio St. 410: 3 Gray, 448; 19 Minn. 98; S. C. 1 Green C. R. 541; 9 Cowen, 778; 8 Barb. 560; 28 Ind. 396; 101 Mass. 211; 21 Wend. 413. Commercial paper of all kinds is subject of forgery-2 Mass. 397; 118 id. 439; id. 460; 2 Me. 365; 12 Serg. & R. 237; 2 Moody & R. 117; 2 East P. C. 955. But a bill of exchange void by statute-53 Ala. 469; 1 Bay, 205, or a bill without a signature, is not subject of forgery-Russ & R. 455. Checks and drafts are subjects of forgery-41 Wis. 267; S. C. 2 Am. Cr. R. 149; 3 Ill. 442; or negotiable certificates-118 Mass. 439; 3 Ohio St. 229; Addis. 44. A promissory note is subject of forgery-5 Johns. 263; and the engraved border is a part of the note-1 Up. Can. L. J. 136; but not a memorandum in pencil on the margin-66 Ind. 331. An indorsement is subject of forgery-28 Cal. 507; 2 Cranch C. C. 521; and signing the name of any person upon a bill of exchange other than the maker or acceptor, is forgery of the indorsement-6 Pac. Coast Law J. 610. See 6 Cowp. 73; 2 East P. C. 988; 1 Leach, 438; Russ. & R. C. C. 260. The essential elements of forgery of a note are falsity of the instrument, and intent to pass it as the true note of another-114 Mass. 311; 120 Mass. 358. Orders for money.-An order is subject of forgery-2 Cranch C. C. 294; 9 Barb. 664; 3 Cush. 150; as an order for money-8 Ohio, 196; 14 Johns. 347; see 59 Ala. 784; 80 N. C. 472; 2 Moody C. C. 210; 13 Up. Can. C. P. 619; 17 Up. Can. Q. B. 296; though no consideration is expressed -10 Humph. 442; but a request for a loan is not an order-20 Up, Can. Q. B. 260. An order giving a trade credit, or a request to loan another money, is subject of forgery-2 Cranch C. C. 521; 2 Ld. Raym. 1461; explained-5 Mod. 137; 1 Salk. 342. An order, though coupled with a promise, is subject of forgery-61 Ala. 33. Checks and orders from a branch bank are subjects of forgery-8 Leigh, 707. The criterion of an instrument being an order is whether the drawee could recover the amount on payment-17 Up. Can. Q. B. 236. It is not necessary that the drawer should have the right to draw-2 Cranch C. C. 1; 1 Brev. 35; but see 65 N. C. 419; nor that the drawee should be bound to obey -114 Mass. 278. See 1 Drev. 35. Orders for goods.-An order for the delivery of goods is subject of forgery-2 Cranch C. C. 294; id. 1; 11 Ga. 92; 1 Cold. 167; overruling 6 Yerg, 37; but see 65 N. C. 419; 30 La. An. pt. 2, 1162; 2 Lea, (Tenn.) 513; 14 Johns. 347; 18 Up. Can. Q. B. 416. But à pecuniary demand is not an order for goods-53 Ala. 488. Sce 14 Allen, 500; 24 Ala. 489; 29 id. 684. So, a request to deliver goods is subject of forgery-9 Barb. 664; although not addressed to any onc-2 Lea, (Tenn.) 514; 25 N. Y. 350; 5 Parker Cr. R. 291; and it is not necessary that the drawer have the right to make the order-17 Mass. 46; 11 Ga. 92; or that the drawee be bound to obey-80 N. C. 403; 65 id. 419; 9 Ired. 454; Phill. (N. C.) 535; 66 N. C. 644. To sign under an assumed name to defraud drawee, is forgery-Russ. & R. C. C. 209. Bank-notes.-Notes of a bank may be forged even if there be no such bank, or the bank be erroneously described-12 Up. Can. Q. B. 543; 40 id. 219; or if it be of a denomination never yet issued-30 Mo. 236; 2 Head, 591; or if they be of a prohibited denomination-2 Har. (N. J.) 327; 12 Serg. & R. 237; 4 Pa. Sf. 210; 9 id. 211; 9 Ohio St. 354; see 5 Leigh, 707; 5 Ark. 349; or of an expired bank-12 Serg. & R. 237. The mere prohibition of the circulation of bank-bills does not prevent them from being subjects of forgery-9 Ohio St. 354; unless their circulation be made a crime-21 Ill. 642. What not subjects of forgery.-A writing which is a mere attempt to receive courtesies, on a promise of no binding obligation, is not a subject of forgery-67 Ill. 91; or a writing which states that certain persons are solvent-5 Ala. 747; or a bill of lading-2 Cranch C. C. 521; 1 Sid. 278; 5 Mod. 137; or a clearance card from a social lodge-Law R. 1 C. C. 217. Alterations.-It is forgery fraudulently to alter the sum on a note-4 N. H. 455; 15 Ohio St. 455; 20 Iowa, 541; 7 Car. & P. 669; Russ. & R. C. C. 101; id. 33; 2 East P. C. 979, 986; or to alter the date of a note or or der-3 Yeates, 391; 19 Pa. St. 119; 6 Parker Cr. R. 135; 35 Mo. 105; 4 Term. Rep. 320; 6 East, 309; 15 id. 29; 7 Car. & P. 669; or to alter a check already made, with intent to defraud-47 Cal. 401; as, altered, it is forgery of the whole-13 Ired. 491; to alter book accounts and pass-books-9 Cox C. C. 162; Leigh & C. 168; 1 Leach, 180; to alter the receipt on a note, though such receipt was without signature-10 Ohio, 75. So, it is forgery for a person fraudulently to alter an instrument previously forged by himself-2 East P. C. 856; or to erase one signature or indorsement and insert another-2 Har. (Del.) 527; 15 Mass. 526; 3 Brev. 507; 16 N. J. L. 507; Russ. & R. C. C. 251. To change the vignettes or marginal emblems of a bank-note-6 Cox C. C.533; doubted -3 Brev. 507. Insertions.-To insert after a name a false address is forgery-1 Denison, 26; or, to insert a solvent banker's name for one who is insolvent-16 N. J. L. 507; 2 Taunt. 328; or to add words to a receipt, offered to supply a lost original-5 Strób. 58; 5 Esp. 100; or, inserting in a check the words "cash" or "bearer" instead of "order of "-47 Mo. 552; but the mere addition of surplusage to an instrument is not forgery-7 Ired. 206; 1 N. II. 97; 6 Mass. 519; 2 Leach, 1040. Forgery, by addition to the instrument, must be specially alleged and proved as laid-Russ. & R. C. C. 251. Erasures and mutilation.-The erasure or mutilation of an instru ment may be forgery, as to erase the name of a city from a bank-bill, and put the name of another in its place-1 Har. (Del.) 507; as erasing |