has any pecuniary interest in the matter. The statute is manifestly directed against frauds against the government in its fiscal operations, and the expression "or other writing" following the enumeration of the things to be forged, which omits bills and notes, must be restricted to the class to which it belongs and the obvious scope and operation of the statute. Ib. In such case, a plea in abatement to the jurisdiction of the state court must aver that the forgery of the note was "ior the purpose of defrauding the United States." Ib.

VARIANCE.

Where the indictment charges the forgery of a deed and sets out the description, giving the first line as "South twenty West," and the deed calls for "South twenty-two West," the variance is fatal. The misrecital extends beyond the mere form of the deed and affects the substance. Street, 2 (Taylor's Rep.), 98.

An indictment for forging an order for $60.07 is not sustained where the only evidence introduced relates to two orders, one for $60 and the other for $60.27. Smith, 78-462.

Where the indictment charges the forgery of the name of a firm with intent to defraud two persons whose names are stated, but it is not alleged that they composed the firm, and the testimony proves the forgery with an intent to defraud the firm, but it is not proved that the two persons named composed the firm, the allegations of the indictment are not sustained. Harrison, 69--143.

IDEM SONANS.-Where the indictment charged that the name forged was "Major Vass," and the signature proven is "Maj. Vase" there is no variance, the name being idem sonans. Collins, 115-716.

The state may show that a witness whose name is W. W. Vass is commonly known as "Maj. Vass." Collins, 115-716.

EVIDENCE SUFFICIENT.-There was evidence that the prosecutor's cashier missed from his employer's check book two numbered blank checks; that on the afternoon of the same day defendant, who had been seen about the prosecutor's office during the forenoon, presented a check at the bank, numbered like one of the missing blank checks, and fraudulently purporting to be signed by the prosecutor; that, on being questioned by the bank teller, defendant tore up the check and ran away; and that when arrested a part of the signed check was found on him, together with a blank check, the number on which corresponded with one of the missing checks: Held, that the evidence was sufficient to establish the charge of forgery. Matlock, 119-806.

ONLY FRAUDULENT INTENT NECESSARY.-To sustain an indictment for forgery it is not necessary that the forgery should have been "calculated to deceive and did deceive," but only that there was a fraudulent intent to deceive by a forged paper, however awkwardly or clumsily the signature may have been written. Collins, 115-716.

A fraudulent intent is a necessary ingredient in the offence of forgery, and, therefore, a charge that signing the name of another without authority is forgery, without stating that it must be done with fraudulent intent, is erroneous. Wolf, 122-1079.

Sec. 166 (1030). Forgery and counterfeiting bank-notes, checks and other securities. R. C., c. 34, s. 60. 1819, c. 994, s. 1.

If any person shall falsely make, forge or counterfeit, or cause or procure the same to be done, or willingly aid or assist therein, any bill or note in imitation of, or purporting to be, a bill or note of any incorporated bank in this state, or in any of the United States, or in any of the territories of the United States; or any

order or check on any such bank or corporation, or on the cashier thereof; or any of the securities purporting to be issued by and on behalf of the state, or by or on behalf of any corporation, with intent to injure or defraud any person, bank or corporation, or the state, the person so offending shall be guilty of felony, and punished in like manner as if he had been convicted under the preceding section.

INDICTMENT.-An indictment which charges merely an intention to pass counterfeit bank-notes knowing them to be counterfeit, without charging any culpable act, cannot be sustained. Penny, 4 (Repos. 7, Tay. T.), 130.

An indictment for passing a counterfeit bank-note of $100 "on the Bank of the State of South Carolina" sufficiently avers the existence of such a bank as the Bank of the State of South Carolina. Ward, 9 (2 Hawks), 443. CHARGE-VARIANCE.-Defendant was indicted for the forgery of the following order: "Mr. Miller, pleas send me 3 gals. whiskey I will send you money. D. S. Dec. 24th 1888." It was in evidence that the order was fraudulently signed by defendant without the authority of D. S.; that Miller and one Basinger were partners distilling and selling liquor, and that the order was presented to Basinger and the whiskey obtained from him. The indictment contained two counts, one charging an intent to defraud Miller and the other to defraud D. S. Defendant asked the court to instruct the jury that there was a variance in that the bill alleged an intent to defraud Miller while the proof showed that the whiskey was obtained from Basinger, but the court charged that if the jury found that Miller and Basinger were partners, and the defendant signed the order as set forth in the indictment, the charge to defraud Miller would be sustained if Basinger filled the order believing it to have been signed by D. S.: Held, no error, since the forgery of the order on Miller and its presentation to his partner was ample evidence of the intent to defraud, and it was not necessary that any one should in fact have been defrauded. Upon an allegation of an intent to defraud A, it is no variance to show an intent to defraud A and B. Hall, 108-776.

Sec. 167 (1031).

Forgery and counterfeiting, passing or attempting to pass, notes forged or connterfeited. R. C., c. 34, s. 61. 1819, c. 994, s. 2. If any person, directly or indirectly, whether for the sake of gain or with intent to defraud or injure any other person, shall utter or publish any such false, forged or counterfeited bill, note, order, check, or security, as is mentioned in the preceding section; or shall pass or deliver, or attempt to pass, or deliver any of them to another person (knowing the same to be falsely forged or counterfeited), the person so offending shall be punished by imprisonment in the county jail or penitentiary not less than four months nor more than ten years.

Sec. 168 (1032). Forgery and counterfeiting of certificates of stock by officer or agent of a corporation. R. C., c. 34, s. 62.

If any officer or agent of a corporation shall, falsely and with a fraudulent purpose, make with the intent that the same shall be issued and delivered to any other person by name or as holder or bearer thereof, any certificate or other writing, whereby it is

certified or declared that such person, or holder, or bearer, is entitled to or has interest in the stock of such corporation, when in fact such person, or holder, or bearer, is not so entitled, or is not entitled to the amount of stock in such certificate or writing specified; or if any officer or agent of such corporation, or other person, knowing such certificate or other writing to be false or untrue, shall transfer, assign, or deliver the same to another person, for the sake of gain, or with intent to defraud the corporation, or any member thereof, or such person to whom the same shall be transferred, assigned or delivered, the person so offending shall suffer the same punishment as is prescribed in the preceding section.

Sec. 169 (1033). Forgery and counterfeiting, selling forged judgments, bonds or other securities. R. C., c. 34, s. 63.

If any person shall sell, by delivery, indorsement, or otherwise, to any other person, any judgment for the recovery of money purporting to have been rendered by a justice of the peace, or any bond, promissory note, bill of exchange, order, draft, or liquidated account purporting to be signed by the debtor (knowing the same to be forged), the person so offending shall be punished by imprisonment in the penitentiary or county jail, for not less than four months nor more than ten years.

Sec. 170 (1034). Forgery of names to petitions and certain other papers; punishment therefor and for using such forged paper. 1883, c. 275.

Any person who shall wilfully sign, or cause to be signed, or wilfully assents to the signing of the name of any person without his consent, or of any deceased or fictitious person to any petition or recommendation with the intent of procuring any commutation of sentence, pardon, or reprieve of any person convicted of any crime or offence, or for the purpose of procuring such pardon, reprieve or commutation, to be refused or delayed by any public officer, or with the intent of procuring from any person whatsoever, either for himself or another, any appointment to office, or to any position of honor or trust, or with the intent to influence the official action of any public officer in the management, conduct or decision of any matter affecting the public, shall be guilty of a misdemeanor, and fined not exceeding one thousand dollars, or imprisoned in the county jail or penitentiary not exceeding five years, or both, at the discretion of the judge; and any person who shall willfully use any such paper for any of the purposes or intents above recited, knowing that any part of the signatures to such petition or recommendation has been signed thereto without the consent of the alleged signers, or that names.

of any dead or fictitious persons are signed thereto, shall be guilty of a misdemeanor, and punished in like manner and de gree.

Sec. 171 (1035). Forgery and counterfeiting of foreign coin, passing or attempting to pass such coin. R. C., c. 34, s. 64. 1811, c. 814, s. 3.

If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting the resemblance or similitude or likeness of a Spanish milled dollar, or any foreign coin of gold or silver, which is in common use and received in the discharge of contracts by the citizens of the state; or shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the state from any other place, with intent to pass, utter, publish, or sell as true, any such false, forged, or counterfeited coin, knowing the same to be false, forged, or counterfeited, with intent to defraud any corporation, or any person whatsoever, every person so offending shall be guilty of a misdemeanor, and punished by imprisonment in the penitentiary or county jail, for not less than four months nor more than ten years.

Sec. 172 (1036). Forgery and counterfeiting, having in possession instruments for counterfeiting foreign coin. R. C., c. 34, s. 65. 1811, c. 814, s. 4. If any person shall have in his possession any instrument for the purpose of making any counterfeit similitude or likeness of a Spanish milled dollar, or other foreign coin made of gold or silver, which is in common use and received in discharge of contracts by the citizens of the state, and shall be duly convicted thereof, the person so offending shall suffer as prescribed in the preceding section, and shall be further liable to be fined, at the discretion of the court, not more than five hundred dollars, and be imprisoned not more than twelve months.

Sec. 173 (1037). Forgery and counterfeiting, fraudulently connecting different parts of several genuine bank notes, or other instruments. R. C., c. 34, s. 66. If any person shall fraudulently connect together different parts of two or more bank notes, or other genuine instruments, in such manner as to produce another note or instrument, with intent to pass all of them as genuine, the same shall be deemed a forgery, and the instrument so produced a forged note, or forged instrument, in like manner as if each of them had been falsely made or forged.

Sec. 174 (1038). Forgery and counterfeiting of private marks, stamps or labels. 1870-'1, c. 253, s. 1.

Every person who shall knowingly and wilfully forge, or counterfeit or cause or procure to be forged or counterfeited, the private marks, tokens, stamps or labels of any mechanic, manufac

turer or other person being a resident of this state or of the United States, with intent to deceive and defraud the purchasers, mechanics or manufacturers of any goods, wares or merchandise whatsoever, upon conviction thereof shall be punished by a fine of not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment of not less than thirty days or more than five years, or both fine and imprisonment, at the discretion of the

court.

Sec. 175 (1039). Forgery and counterfeiting, penalty for selling merchandise with forged or counterfeited marks, stamps or labels. 1870-'I, c. 253, s. 2. Every person who shall vend any goods, wares or merchandise having thereon any forged or counterfeited marks, tokens, stamps or labels purporting to be the marks, tokens, stamps or labels of any person being a resident of the state or of the United States, knowing the same at the time of the purchase thereof by him to be forged or counterfeited, shall be guilty of a misdemeanor, and punished by imprisonmtnt in the county jail not exceeding six months, or by a fine not exceeding one hundred dollars, or by both fine and imprisonment, at the discretion of the court.

Sec. 176 (1040). Forgery and counterfeiting, fraudulent use of brands. 1874'75, c. 225.

If any person shall knowingly use the mark or brand of any person on any sack, or shall knowingly impress on any sack the mark or brand of another person, with intent to defraud or for the purpose of enhancing the value of his own property, the person so offending shall be guilty of a misdemeanor, and punished as if convicted of larceny.

FORMER CONVICTION OR ACQUITTAL.

Former conviction or acquittal must be pleaded to be available. Chancy, 110-507.

Regularly the two pleas of "former conviction" an d'not guilty" should be tried separately, since the former implies an admission of the criminal act and is inconsistent with an absolute denial. Winchester, 113-641.

But the practice of trying the two pleas together is common and con-. venient, and where there is no exception on that ground it will be presumed that the course was pursued with the consent of defendant. Winchester, 113-641.

Where, on appeal, a new trial was granted on the ground that the judge erred in submitting the case to the jury when there was not sufficient evidence to warrant it, the defendant cannot, on the new trial, plead former