language of the statute is sufficient: People v. Lewis, 61 Cal. 366. It is sufficient to charge the ownership of the room to be in him who rents and occupies it as a lodger, though another have supervision and general control of the whole house: People v. St. Clair, 38 Id. 137. Where the indictment described a particular room as the one entered, the prosecution cannot prove that defendant entered a different room: People v. Barnes, 48 Id. 551. The indictment should not state the degree of the crime, but should charge burglary generally: See sec. 460, note; People v. Jefferson, 52 Id. 452. The hour of the night at which a burglary is committed is not of the essence of 461. Punishment of burglary. the crime, and it need not be averred in the SEC. 461. Burglary of the first degree is punishable by imprisonment in the state prison for not less than one nor more than fifteen years. Burglary of the second degree is punishable by imprisonment in the state prison for not more than five years. [Amendment, approved February 9, 1876; Amendments 1875-6, 111; took effect from twelve o'clock noon, May 1, 1876.] 462. Punishment of house-breaking. Section 462 was repealed by act approved February 9, 1876; Amendments 1875-6, 111; took effect from twelve o'clock noon, May 1, 1876. An Act to amend sections four hundred and fifty-nine, four hundred and sixty, and four hundred and sixty-one, and to repeal section four hundred and sixty-two of the Penal Code. [Approved February 9, 1876; Amendments 1875-6, 111.] Sections 1, 2, 3, and 4 contain the amendments to sections 459, 460, and 461, and the repeal of section 462 above inserted or indicated. SEC. 5. Nothing in this act shall affect any act committed, or verdict or judgment rendered or entered before it takes effect, but all acts committed before it takes effect shall be inquired of, prosecuted, and punished in the same manner as if this act had not been passed. SEC. 6. This act shall be in force from and after twelve o'clock, noon, on the first day of May, eighteen hundred and seventy-six. 463. Night-time defined. SEO. 463. The phrase "night-time," as used in this chapter, means the period between sunset and sunrise. Night-time.-Between six and seven o'clock in the evening, on the thirty-first of August, was not in the night-time: People v. Griffin, 19 Cal. 578. To charge the offense in the night time is sufficient without giving the hour, and if the hour is alleged, it is unnecessary to prove it: People v. Burgess, 35 Cal. 117; 2 East P. C. 513; Whart. Crim. L., secs. 270, 271, 612. CHAPTER III. HAVING POSSESSION OF BURGLARIOUS INSTRUMENTS AND DEADLY WEAPONS. 466. Guilty possession of burglarious implements. SEO. 466. Every person having upon him, or in his possession, a pick-lock, 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. [Amendment, approved March 3, 1874; Amendments 1873-4, 463; took effect from passage.] 467. Having possession of deadly weapons with intent to commit assault. SEC. 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, notes, bonds, etc. SEC. 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 certificates 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 abovenamed 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 courtis guilty of forgery. "The definition has been extended to cover cases not included within the definition given by our statutes, Stats. 1850, 229, but which are of equal enormity:" Commissioners' note. Forgery. The above section was evidently intended to be sufficiently comprehensive and particular to include every case that could arise. Forgery is defined to be the signing by one without authority, and falsely and with intent to defraud, the name of another to an instrument which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability: State v. Thompson, 19 Iowa, 299; State v. Pierce, 8 Id. 231; Waterman v. State, 67 Ill. 91. Forgery is the false making of any written instrument for the purpose of fraud and deceit: 3 Ch. Crim. L. 1022. The forging of any writing by which a person might be prejudiced is forgery at common law: State v. Kimball, 50 Me. 409. It is not essential to the crime that the person in whose name the forged instrument purports to be made shall have legal capacity to make it: State v. Eades, 68 Mo. 150. But an instrument having no validity upon its face is not a subject of forgery: Abbott v. Rose, 62 Me. 194. The alteration of a check already made is forgery: People v. Brotherton, 47 Čal. 388; Wilson v. South Park Commissioners, 70 Ill. 46. And it is no defense that the drawer of the forged check is a fictitious person, nor that he had no funds in the bank on which the check is drawn: Thompson v. State, 49 Ala. 16. If there are two persons of the same name, and one of them signs that name to notes with the intention that the notes shall be used in trade as the notes of the other, it is forgery: Barfield v. State, 29 Ga. 127. Where defendant did not himself sign the name to the forged note, but procured an innocent person to sign the name, by falsely representing that he had authority to do so from the person whose name was signed, he was adjudged guilty: Gregory v. State, 26 Ohio St. 510. Where one fraudulently executes and issues an instrument purporting on its face to be executed by him as agent of the principal therein named, he is not guilty of forgery, though he have no authority from the principal to execute the instrument: Mann v. People, 15 Hun, 155; see also People v. Shotwell, 27 Cal. 394; People v. Frank, 28 Id. 507; Fuller v. Ferguson, 26 Id. 546; Wright v. Carillo, 22 Id. 595; People v. Ah Sam, 41 1d. 645; People v. Ferris, 56 Cal. 442; People v. Cummings, 57 Id. 938. Uttering of forged instruments.-By the above section, the uttering or passing, as well as the making, etc., of a forged instrument, is declared a forgery: See People v. Ah Woo, 28 Cal. 205; People v. Tomlinson, 35 Id. 503; State v. Lane, 80 N. C. 407; State v. Snow, 30 La. Ann. 401. The act of uttering the instrument, with knowledge of its fictitious character, and with intent to defraud, are the essential elements of the crime: Dunn v. People, 4 Col. 126. It is enough if it be offered as genuine, and it is not necessary that it should have been actually received as genuine by the party upon whom the fraud is attempted: People v. Caton, 25 Mich. 388. The bringing of a suit at law, as counsel, upon a forged note, and recovering judgment, and taking proceedings to enforce the judgment, knowing the note to be a forgery, amounts to uttering a forged note: Chahoon v. Commonwealth, 20 Gratt. 733. Forgery of records: See sec. 471. Pleadings.-Forging, attempting to pass, and passing as genuine a check, if charged in the various counts of an indictment so as to show in each that the same check is referred to, constitute but one crime: People v. Shotwell, 27 Cal. 400. Though one of the various acts mentioned in the law constitutes the crime, they all do no more than to charge one crime or offense: People v. Frank, 28 Id. 513. Forms of pleading under the criminal practice act of this state clearly set out in People v. Ah Woo, Id. 208. If the forged or counterfeit order is in the Chinese language, to set it out in English in the indictment is good: Id., referring to sec. 235, Crim. Prac. Act; People v. Ah Sing, 17 Cal. 598; People v. Vance, 21 Id. 403; People v. King, 27 Id. 507; People v. Littlefield, 5 Id. 355; People v. Lloyd, 9 Id. 55; People v. Ybarra, 17 Id. 166; 2 Whart. Crim. Law, sec. 1466. If the indictment merely sets out an instrument which is a nullity upon its face, without any averment showing it can be made to act injuriously or fraudulently, by reason of matter aliunde, no case is made: People v. Tom. linson, 35 Cal. 507: From the note of the commissioners. Drunkenness.-Intent being an element of the crime of forgery, evidence of the defendant's drunkenness and of its effect upon him are admissible: People v. Blake, 3 West Coast Rep. 38. 471. Making false entries in records or returns. SEC. 471. Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in the preceding section, is guilty of forgery. Forgery of records: See sec. 470. In the case of Brown v. People, 86 Ill. 239, it was held that to authorize an indictment and conviction for forgery the instrument alleged to have been forged must be such as if genuine would be effective, and that no indictment can be founded upon an instrument purporting to be a decree of divorce, which on its face does not appear to be a copy of the record. 472. Forgery of public and corporate seals. SEO. 472. Every person who, with intent to defraud another, forges or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this state, or of any other state, government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery. 473. Punishment of forgery. SEC. 473. Forgery is punishable by imprisonment in the state prison for not less than one nor more than fourteen years 474. Forging telegraphic messages. SEC. 474. Every person who knowingly and willfully sends by telegraph to any person a false or forged message, purporting to be from such telegraph office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment. 475. Passing or receiving forged notes. SEC. 475. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. Guilty possession of counterfeit notes. To constitute the crime of possessing forged notes with intent to pass them, the law only requires the guilty possession: People v. Ah Sam, 41 Cal. 645. An indictment which charges that defendants "willfully, feloniously, and knowingly did have in their possession," etc., sufficiently charges the defendants with knowledge of the spurious character of the money: People v. Stanton, 39 Id. 698. 476. Making, passing, or uttering fictitious bills, etc. SEO. 476. Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. Fictitious person.-To sustain an indict- be forged is that of a fictitious person: People ment under this section, it is necessary that the v. Dowd, 4 Pac. C. L. J. 459. evidence should show that the name alleged to 477. Counterfeiting coin, bullion, etc. SEC. 477. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind or species of gold-dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting. "This section is framed from section 74 of the crimes and punishment act, and is extended to include the kindred offenses provided for in section 1 of the act in relation to counferfeiting gold-dust, etc.: Stats. 1855, 178; and also to include counterfeiting silver bars, etc.:" Commissioners' note. Jurisdiction.-The passing, with intent to defraud, of counterfeit money is an offense against the state as well as the United States, and although congress might, perhaps, by appropriate legislation, render the jurisdiction of the national courts exclusive, yet, so long as it does not do so, the state courts will have jurisdiction: In re Truman, 44 Mo. 181; People v. White, 34 Cal. 183; Fox v. State, 5 How. 410; Moore v. Illinois, 14 Id. 13. But state courts have no power to punish crimes against the laws of the United States as such: People v. Kelly, 38 Cal. 145. Uttering counterfeit money.-One who sells counterfeit money to another, who knows it to be counterfeit, intending that the other shall put it in circulation as good money, is 478. Punishment of counterfeiting. guilty of uttering or passing counterfeit money, within the meaning of the statute: United States v. Nelson, 1 Abb. 135. See, generally, People v. Stanton, 39 Cal. 698; Leonard v. State, 29 Ohio St. 408; United States v. Howell, 11 Wall. 432. SEC. 478. Counterfeiting is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. Evidence tending to prove that defendant had in his possession counterfeit coin for sale, and that he sold such coin to another, is sutfi cient to warrant a conviction: People v. Farrell, 30 Cal. 316. 479. Possessing or receiving counterfeit coin, bullion, etc. SEC. 479. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold-dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 480. Making or possessing counterfeit dies or plates. SEC. 480. Every person who makes, or knowingly has in his possession, any die, plate, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting coin current in this state, or in counterfeiting gold-dust, gold or silver bars, bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes or bills, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed. Jurisdiction: See sec. 477, note. Evidence. It is not only necessary to prove the known possession by defendant of counterfeiting tools, but it must also be shown that such possession was with criminal intent: People v. White, 34 Cal. 183; see People v. Farrell, 30 Id. 316. 481. Counterfeiting or forging ticket, check, etc., of railroad company. SEC. 481. Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. [New section, approved March 30, 1874; Amendments 1873-4, 433; took effect July 1, 1874.] 482. Restoring canceled ticket, check, etc., of railroad company, or offering the same in payment of fare. SEC. 482. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates the cuts, marks, punch-holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or any lessee or manager thereof, canceled in whole or in |