CRIMES AND PUNISHMENTS. 985

pute between employers and workmen, shall not be indictable as a con-
spiracy, if such act, committed by one person, would not be punishable as
an offense; nothing in this section shall affect the law relating to riot,
unlawful assembly, breach of the peace, or any offense against any person
or against property.

This section referred to in deciding that a labor union, such as the United Mine
Workers of America, is suable in the federal courts and their funds subject to exe-
cution. United Mine Workers v. Coronado Coal Co., 259 U. S. 386.

For cases involving the common law crime of conspiracy, see Garland v. State, 112
Md. 90; Lanasa v. State, 109 Md. 605.

Counterfeiting and Forgery.

An. Code, sec. 41. 1904, sec. 35. 1888, sec. 32. 1799, ch. 75. 1809, ch. 138, sec. 6.
1890, ch. 550. 1900, ch. 590. 1902, ch. 419.

44. Any person who 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, altering or counterfeiting any deed, will,
testament or codicil, bond, writing obligatory, bill of exchange, promissory
note for the payment of money or property, endorsement or assignment of
any bond, writing obligatory, bill of exchange, promissory note for the
payment of money or property, acquittance or receipt for money or prop-
erty, or any acquittance or receipt either for money or for property,
with intention to defraud any person whomsoever, or shall utter or publish
as true any false, forged, altered or counterfeited deed, will, testament or
codicil, bond, writing obligatory, bill of exchange, promissory note for the
payment of money or property, or endorsement, or assignment of any bond,
writing obligatory, bill of exchange, promissory note for the payment of
money or -property, acquittance or receipt for money or property, shall be
deemed a felon, and on being convicted thereof shall be sentenced to the
penitentiary for not less than one nor more than ten years.

A check is a bill of exchange, and a forgery of the endorsement thereon is a felony
and punishable under this section. Indictment cannot be amended without the con-
currence of the grand jury, save in matters of form—see sec. 550, etc. Hawthorne v.
State, 56 Md. 534 (decided prior to act, 1890, ch. 550). And see Laird v. State, 61
Md. 309.

A certificate of indebtedness known as city stock is a bond within meaning of this
section, and an endorsement of such certificate with fraudulent intent may be a
forgery under this section though the certificate upon its face is transferable only
at the mayor's office in person or by attorney. Where indictment is for both forgery
and uttering certificate knowing it to be forged, as proof of guilty knowledge, state
may show that about time of forgery charged in indictment traverser had uttered
similar forged instruments. Bishop v. State, 55 Md. 139. And see Bell v. State, 57
Md. 108.

In indictment for forging and uttering a forged note, certain proof as to the exis-
tence and loss of the note held sufficient to authorize introduction of parol evidence
as to its contents. Effect of traverser's going upon the stand but failing to deny
certain accusations. Brashears v. State, 58 Md. 563.

An acquittal of forging or uttering a particular paper will not preclude state
from proving fact of possession or uttering of such paper in another prosecution
against same party for a crime of same character; effect of such acquittal. Bell v.
State, 57 Md. 116. And see Bloomer v. State, 48 Md. 529.

Where a man signs a check under an assumed or fictitious name, with an intent to
defraud, a forgery is committed. Lyman v. State, 136 Md. 43.

As to indictments for forgery, see sec. 558.