ited building in which there is at the time some human being, is arson in the first degree. All other kinds of arson are of the second degree. En. February 14, 1872. Cal. Rep. Cit. 51, 320; 53, 627. An act of April 1, 1872, Stats. 1871-2, 895, defining arson in the second degree, was superseded by the above section. Setting on fire of woods, prairies, grasses, or grain, on any lands: See ante, sec. 384. § 455. Punishment of arson. Arson is punishable by imprisonment in the state prison as follows: 1. Arson in the first degree, for not less than two years; 2. Arson in the second degree, for not less than one nor more than twenty-five years. En. February 14, 1872. Am'd. 1901, 664. CHAPTER II. BURGLARY AND HOUSEBREAKING. § 459. "Burglary" defined. § 460. § 461. Punishment of burglary. "Housebreaking" defined. 462. Punishment of housebreaking. (Repealed.) 463. "Night-time" defined. § 459. "Burglary" defined. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary. February 14, 1872. Am'd. 1875-6, 111. En. Cal. Rep. Cit. 52, 454; 55, 525; 56, 407; 58, 106; 59, 383; 61, 366; 65, 226; 67, 104; 86, 240; 93, 113; 94, 482; 94, 597; 121, 347; 130, 602; 138, 146; 138, 484; 143, 129. § 460. Punishment of burglary. Every burglary committed in the night-time is burglary of the first degree, and every burglary committed in the day-time is burglary of the second degree. En. February 14, 1872. Am'd. 1875-6, 112. Cal. Rep. Cit. 59, 383; 73, 581; 106, 642; 144, 754. § 461. "Housebreaking" defined. 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. En. February 14, 1872. Am'd. 1875-6, 112. Cal. Rep. Cit. 88, 120; 88, 173; 143, 599. § 462. Punishment of housebreaking. February 14, 1872. Rep. 1875-6, 112. Cal. Rep. Cit. 48, 549. (Repealed.) En. § 463. "Night-time' defined. The phrase "night-time,' as used in this chapter, means the period between sunset and sunrise. En. February 14, 1872. Cal. Rep. Cit. 144, 754. See ante, sec. 450. CHAPTER III. INSTRUMENTS AND HAVING POSSESSION OF BURGLARIOUS DEADLY WEAPONS. 466. Possession of burglarious instruments. § 467. Having possession of deadly weapons. § 466. Possession of burglarious instruments. Every person having upon him, or in his possession, a picklock, 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 fiftynine of this code, shall be deemed to be a building within the meaning of this section. En. February 14, 1872. Am'd. 1873-4, 463. § 467. Having possession of deadly weapons. Every person having upon him any deadly weapon with intent to assault another, is guilty of a misdemeanor. En. February 14, 1872. CHAPTER IV. FORGERY AND COUNTERFEITING. 470. Forgery of wills, conveyances, etc. 471. Making false entries in records or returns. 472. Forgery of public and corporate seals. 473. Punishment of forgery. 474. Forging telegraph or telephone messages. Passing or receiving forged notes. 475. 476. § 477. Making, passing, or uttering fictitious bills, etc. § 478. Punishment of counterfeiting. § 479. Possessing or receiving counterfeit coin, bullion, etc. § 480. Making or possessing counterfeit dies or plates. 481. Counterfeiting railroad or steamship ticket, etc. 482. Restoring canceled railroad or steamship tickets. § 470. Forgery of wills, conveyances, etc. Every person who, with intent to defraud, signs the name of another person, or of a fictitious person, knowing that he has no authority so to do, to, or falsely makes, alters, forges, or counterfeits, any charter, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, bond, covenant, bank bill or note, postnote, 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 of any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, certificate 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 per sonal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or any assignment of any bond, writing obligatory, promissory note, or other contract 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 above-named 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 court, is guilty of forgery. En. February 14, 1872. Am'd. 1905, 673. The change consists in the insertion of the words "or of a fictitious person, " in the beginning of the section. The purpose of the amendment is to make the forging of the name of a fictitious person, or knowingly signing the name of another, criminal if done with intent to demand.-Code Commissioner's Note. Cal. Rep. Cit. 65, 279; 66, 262; 70, 63; 77, 465; 84, 569; 90, 587; 90, 589; 91, 473; 92, 592; 96, 174; 100, 665; 103, 564; 103, 565; 105, 38; 108, 442; 111, 280; 113, 280; 114, 353; 117, 30; 118, 292; 119, 167; 122, 495; 123, 410; 127, 100; 130, 452; 133, 125; 133, 126; 133, 127; 135, 301; 137, 451; 137, 452; 137, 453; 137, 454; 139, 68; 143, 119. Forgery of records: See post, sec. 471. § 471. Making false entries in records or returns. 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. En. February 14, 1872. Cal. Rep. Cit. 96, 174; 133, 125. Forgery of records: See ante, sec. 470. от § 472. Forgery of public and corporate seals. Every person who, with intent to defraud another, forges, 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. En. February 14, 1872. Cal. Rep. Cit. 133, 125; 137, 451. § 473. Punishment of forgery. Forgery is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. En. February 14, 1872. Cal. Rep. Cit. 133, 125. § 474. Forging telegraph or telephone messages. Every person who knowingly and willfully sends by telegraph or telephone to any person a false or forged message, purporting to be from a telegraph or telephone 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 telephone, or who furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, 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 such fine and imprisonment. En. February 14, 1872. Am'd. 1905, 674. The change consists in the insertion of the words "or telephone" after "telegraph."-Code Commissioner's Note. Cal. Rep. Cit. 143, 119; 143, 128. § 475. Passing or receiving forged notes. 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. En. February 14, 1872. |