1108 ARTICLE 27

any of the provisions of this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than five
hundred dollars ($500.00) or by imprisonment for not less than thirty
(30) days nor more than sixty (60) days or by both such fine and im-
prisonment in the discretion of the Court.

Counterfeiting and Forgery.

An. Code, 1924, sec. 44. 1912, 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.

45. 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. 646, 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 cer-
tificate 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 in-
struments. 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 existence
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 accusa-
tions. 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. 654.

An. Code, 1924, sec. 45. 1912, sec. 42. 1904, sec. 36. 1888, sec. 33. 1809, ch. 138, sec. 8.
1821, chs. 150, 204. 1834, ch. 279, sec. 2.

46. If any person shall falsely make, forge or counterfeit, or cause
to be falsely made, forged or counterfeited, or willingly aid or assist in
falsely making, forging or counterfeiting any commission, patent or par-
don, or any warrant, certificate or other public security, whereby money
may be drawn from the treasury of this State, or shall be concerned in
printing, writing, signing or passing any such forged or counterfeited war-
rant, certificate or public security, knowing it to be such, with intention
to defraud any person or persons, he shall be deemed a felon, and on being
convicted thereof shall be sentenced to the penitentiary for a period not
less than two nor more than ten years.