Sec. 3430. Possession of forged note with fraudulent intent, second degree.-Every person who shall bring into this state, or have in his possession or custody any such falsely-made, altered, forged or counterfeited note, bill, check, draft or other instrument, knowing the same to be falsely made, altered, forged or counterfeited, with the intent to utter, pass, sell or exchange the same as true or false, or to cause the same to be passed, uttered, sold or exchanged with intent to defraud, shall, on conviction, be adjudged guilty of forgery in the second degree. (R. S. 1909,

§ 4645.)

Not necessary that defendant affixed the forged signature to check. 148 Mo. 206; 116 Mo. 548. Or that he indorsed check. 91 Mo. 662.

Not necessary that forged check be uttered for a consideration. 166 Mo. 575. Indictment must allege that defendant knew the instrument was forged and that he intended to defraud. 167 Mo. 366.

Indictment held sufficient as to description of check. 91 Mo. 662.

Sec. 3431. Making false plate of check of bank, second degree. Every person who shall either: First, make or engrave, or cause or procure to be made or engraved, any plate in the form or similitude of any promissory note, bill of exchange, draft or order, check, certificate of deposit or other evidence of debt issued by any incorporated bank in this state, or of any state or territory, or under the laws of any foreign country or government, without authority of such bank; or second, have or keep in his custody or possession any such plate without the authority of such bank, with the intent of using or having the same used for the purpose of taking therefrom any impression to be passed, sold or uttered; or third, make or cause to be made, or have or keep in his custody or possession, any plate upon which shall be engraved any figures or words intended for or adapted to or which may be used for the purpose of falsely altering any evidence of debt issued by any such incorporated bank, with the intent of using or having the same used for that purpose; or fourth, make or cause to be made, or have or keep in his custody or possession, without the authority of such bank, any impression taken from any such plate, with the intent to fill up and complete, or to have the same filled up and completed or sold, passed or returned, shall, upon conviction, be adjudged guilty of forgery in the second degree. (R. S. 1909, § 4646.)

Sec. 3432. False plate under preceding section.-Every plate specified in the last section shall be deemed to be in the form and similitude of the genuine instrument in either of the following cases: First, when the engraving on such plate or any impression therefrom resembles and conforms to such parts of the genuine instrument as are engraved; or second, where such plate shall be partly finished, and the parts so finished or any impression there

from resembles and conforms to similar parts of the genuine instrument. (R. S. 1909, § 4647.)

Sec. 3433. Fraudulent possession of counterfeit coin, third degree. Every person who shall bring into this state or have in his custody or possession any counterfeit or imitation of any gold or silver coin, the counterfeiting of which is herein before declared to be an offense, knowing the same to be counterfeited, with intent to defraud or injure by uttering the same as true or false, or by causing the same to be uttered, shall, if such offense be not punishable by the laws of the United States, upon conviction, be adjudged guilty of forgery in the third degree. (R. S. 1909, § 4648.)

Sec. 3434. Passing counterfeit coin, third degree.—Every person who shall sell, exchange or deliver, or offer to sell, exchange or deliver, or receive upon any sale, exchange or delivery, any such counterfeit or imitation of any gold or silver coin, specified in the last section, knowing the same to be counterfeited, with intent to have same uttered or passed, shall be adjudged guilty of forgery in the third degree, unless the offense charged shall be made punishable by the laws of the United States. (R. S. 1909, § 4649.)

Sec. 3438. False entries in books of corporations, third degree. Every person who, with intent to defraud, shall make any false entries, or shall falsely alter any entry made in any book of accounts kept by any monied corporation within this state, or in any such book of accounts kept by any such corporation, or its officers, and delivered or intended to be delivered to any person dealing with such corporation, by which any pecuniary obligation, claim or credit shall be or shall purport to be created, increased, diminished or discharged, or in any manner affected, shall, upon conviction, be adjudged guilty of forgery in the third degree. (R. S. 1909, § 4653.)

Sec. 3439. Uttering forged instrument, fourth degree.Every person who shall have in his possession, buy or receive any falsely made, altered, forged or counterfeited instrument or writing, the forgery of which is herein before declared to be an offense, except such as are enumerated in section 3428, knowing the same to be forged, counterfeited, or falsely made or altered, with intent to injure or defraud, by uttering the same as true or false, or causing the same to be so uttered, shall upon conviction be adjudged guilty of forgery in the fourth degree. (R. S. 1909, § 4654.)

Actual uttering not necessary to constitute offense if forged instrument is held with guilty intent to utter. 166 Mo. 229; 146 Mo. 195. Unexplained possession is not sufficient without other evidence to show possession with knowledge of instrument's false character and for unlawful purpose. 166 Mo. 229.

Sec. 3440.

Selling forged instrument to have the same passed, fourth degree. Every person who shall sell, exchange or deliver, or offer to sell, exchange or deliver, for any consideration, any falsely altered, forged or counterfeit instrument or writing, the forgery of which is declared punishable, except as in the last section is excepted, knowing the same to be forged, counterfeited or falsely-altered, with the intention to have the same uttered or passed, shall, upon conviction, be adjudged guilty of forgery in the fourth degree. (R. S. 1909, § 4655.)

See cases cited under Sec. 3429, and 146 Mo. 195. 152 Mo. 87.

Indictment held sufficient.

Sec. 3441. Uttering forged instrument.-Every person who, with intent to defraud, shall pass, utter or publish, or offer or attempt to pass, utter or publish as true, any forged, counterfeited or falsely-altered instrument or writing, or any counterfeit or any imitation of any gold or silver coin, the altering, forging or counterfeiting of which is hereinbefore declared to be an offense, knowing such instrument, writing or coin to be altered, forged or counterfeited, shall, upon conviction, be adjudged guilty of forgery in the same degree as herein before declared for the forging, altering or counterfeiting the instrument, writing or coin so passed, uttered or published, or offered or attempted to be passed, uttered or published. (R. S. 1909, § 4656.)

Fact that defendant might have been convicted under Sec. 3439 will not prevent conviction under this section. 146 Mo. 195. "Utter," as used in this section, defined. 48 Mo. 520. Not essential to offense that something of value be obtained by uttering of forged instrument. 78 Mo. 49.

As to sufficiency of allegations of "passing" and "uttering," see 146 Mo. 195; 144 Mo. 68; 65 Mo. 115. "Forged" and "counterfeited" defined. 9 Mo. 855. Section applies to passing counterfeit United States treasury note. 44 Mo. 181. As to form and sufficiency of description of forged instrument in the indictment, see 142 Mo. 507; 90 Mo. 156. Form of verdict held sufficient. 7 Mo. 177.

Sec. 3552. Cheats, frauds, bogus checks, etc.-Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any other person or persons any money, property or valuable thing whatever, by means or by use of any trick or deception, or false and fraudulent representation, or statement or pretense, or by any other means or instrument or device, commonly called "the confidence game," or by means or by use of any false or bogus check, or by any other written or printed or engraved instrument, or spurious coin or metal, shall be deemed guilty of a felony, and, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding seven years. (Laws 1909, p. 444.)

Section not applicable where property was obtained by trespass. 186 Mo. 108. Has been held to cover false statements of defendant as to agency for third person. 88 Mo. 604. Where false representations are too absurd to induce belief in their reasonableness, held no offense. 117 Mo. 641. See, also, 178 Mo. 350. And con

tra, 12 A. 415. Indictment should describe the trick of false pretense. 174 Mo. 663. And state to whom pretense was made. 148 Mo. 143.

As to alleging the different devices relied on, see 71 Mo. 460; 75 Mo. 171. Intent to cheat and defraud necessary under this section. 156 Mo. 143; 112 Mo. 585; 76 Mo. 180. To show intent, evidence of similar acts admissible. 82 Mo. 558; 88 Mo. 604. See, also, 92 Mo. 490.

As to allegations of intent, see 156 Mo. 143; 95 Mo. 163.

The obtaining of property.-A note is a valuable thing under this section. 75 Mo. 171. Fact that injured party recovered money after the taking by defendant will not relieve defendant. 85 Mo. 256.

Conviction under this section for collecting taxes in excess of what was due is invalid. 87 Mo. 583.

Can be no conviction for obtaining or attempting to obtain a school warrant from school directors who had no authority to issue same. 178 Mo. 350. Nor a void power of attorney from a married woman. 100 Mo. 571.

Necessary that victim surrender property by reason of trick or false pretense. 174 Mo. 663: 117 Mo. 641; 109 Mo. 242.

Crime of obtaining money by false pretense not complete until property is actually obtained. 89 Mo. 271. As to attempting to obtain property by false pretenses, see 156 Mo. 143; 109 Mo. 601.

Can be no conviction under an indictment charging an attempt where evidence shows property was obtained. 178 Mo. 350. As to allegations of property obtained, manner of obtaining, etc., see 174 Mo. 663; 156 Mo. 143; 109 Mo. 601; 100 Mo. 571; 95 Mo. 163; 82 Mo. 458. As to venue, see 109 Mo. 601; 95 Mo. 402. Offense is a felony and punishable by imprisonment in penitentiary. 118 A. 60; 75 Mo. 171. Section held to be constitutional. 77 Mo. 310. Where indictment is drawn under this section, punishment should be under same. 92 Mo. 490.

Sec. 9801. Penalty for making false affidavit or affirmation. Every person who shall wilfully, corruptly and falsely, before any officer of this state having a seal, under oath or affirmation voluntarily make any false affidavit or statement of any nature concerning any corporation, or any proposed corporation, shall be deemed guilty of a felony, and shall upon conviction be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not exceeding one year. (Laws 1911, p. 151.)

Sec. 3366. Making statement derogatory to any bank, etc., penalty. Any person who shall make, utter, circulate or transmit to another or others any statement, untrue in fact, derogatory to the financial condition of any bank, banking house, banking company, trust company, surety company, guarantee company, title insurance company or other financial institution in this commonwealth with intent to injure any such financial institution, or who shall counsel, aid, procure or induce another to originate, make, utter, transmit or circulate any such statement or rumor with like intent, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $1,000.00 or imprisoned in the county jail for a period not exceeding one year or by both such fine and imprisonment. (Laws 1911, (Laws 1911, p. 196.)

Sec. 3367. Prohibiting the making or use of false statements to obtain property or credit, or for the extension of credit or discount. No person shall knowingly make or cause to be made,

either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or corporation, in whom he is interested, or for whom he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange, or promissory note, for the benefit of either himself or of such person, firm or corporation; nor shall any person knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or such person, firm or corporation, in which he is interested, or for whom he is acting, procure, upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned hereinabove; nor shall any person knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay of himself or such person, firm or corporation, in which he is interested, or for whom he is acting, represent, on a later day, that such statement theretofore made, if then again made on said day, would be then true, when in fact, said statement if then made would be false, and procure upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned hereinabove. (Laws 1911, p. 196.)

Sec. 3368. Penalty.-Any person, firm or corporation who shall violate any of the provisions of this act shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary, not exceeding five years, or by imprisonment in the county jail not exceeding twelve months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. (Laws 1911, p. 196.)