California Jurisprudence: See articles Counterfeiting, vol. 7, p. 375; Forgery, vol. 12, p. 670.

Legislation § 476. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 238, § 77, which read: "§ 77. Every person who shall make, pass, utter, or publish, with an intention to defraud any other person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter, or publish, or shall have in his possession, with like intent to utter, pass, or publish any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact there shall be no such bank, corporation, or copartnership, or individual in existence, the said person knowing the said bill, note, check, or instrument in writing for the payment of money or property to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years."

§ 476a. Penalty for issuing bank check with intent to defraud. Every person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers to another person any check or draft on a bank, banker or depositary for the payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal or the corporation of which he is an officer has not sufficient funds in, or credit with such bank, banker or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in the county jail for not more than one year or in the state prison for not more than fourteen years. The word "credit" as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. [Amendment approved May 2, 1919; Stats. 1919, p. 238.]

California Jurisprudence: See article Forgery, vol. 12, p. 670. Legislation § 476a. 1. Added by Stats. 1907, p. 633, and then read: "Every person who, willfully, with intent to defraud, makes or draws, or utters, or delivers to another person, any check or draft on a bank, banker or depositary for the payment of money, knowing at the time of such making, drawing, uttering or delivery, that he has not sufficient funds in, or credit with, such bank, banker or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in the county jail for not more than one year or in the state prison for not more than fourteen years. The word "credit" as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft." 2. Amended by Stats. 1915, p. 731. The change consists in the addition of the words "in the county jail for not more than one year or."

3. Amended by Stats. 1919, p. 238, by enlarging the section so as to include one who acts "as the agent or representative of another or as an officer of a corporation."

§ 477. Counterfeiting coin, bullion, etc. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind of species of gold-dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting.

California Jurisprudence: See article Counterfeiting, vol. 7, p. 374.

Legislation § 477. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 237, § 74, which read: "§ 74. Every person who shall counterfeit any of the species of gold or silver coin now current, or that shall hereafter be current in this state, or shall pass or give in payment such counterfeit coin, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person, body politic or corporate, knowing the same to be counterfeited, shall be deemed guilty of counterfeiting, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years." The code commissioners say: "This section is framed from § 74 of the Crimes and Punishment Act, and is extended to include the kindred offenses provided for in § 1 of the act in relation to counterfeiting gold-dust, etc. (Stats. 1855, p. 178), and also to include counterfeiting silver bars, etc."

§ 478. Punishment of counterfeiting. Counterfeiting is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.

California Jurisprudence: See article Counterfeiting, vol. 7, p. 374.

Legislation § 478. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 238, §§ 76, 77; Stats. 1855, p. 178, §§ 1, 2. See ante, Legislation §§ 475, 476.

§ 479. Possessing or receiving counterfeit coin, bullion, etc. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold-dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. California Jurisprudence: See article Counterfeiting, vol. 7,

p. 374.

Legislation § 479. Enacted February 14, 1872 (Field's Draft, § 575, N. Y. Pen. Code, § 526); based on Crimes and Punishment Act, Stats. 1850, p. 238, § 75; Stats. 1855, p. 178, § 2. The Crimes and Punishment section read: "§ 75. Every person who shall have in his possession, or receive for any other person, any counterfeit gold

or silver coin or coins of the species now current, or hereafter to be current in this state, with intention to utter or pass the same, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years."

§ 480. Making or possessing counterfeit dies or plates. Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting coin current in this state, or in counterfeiting gold-dust, gold or silver bars, bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes or bills, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed.

Section 78 of the Crimes Act, which was the basis of the above section, was held constitutional in People v. White, 34 Cal. 183, 186.

California Jurisprudence: Sce article Counterfeiting, vol. 7, p. 375.

Legislation § 480. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 238, § 78; Stats. 1855, p. 178, § 1. The Crimes and Punishment section read: "§ 78. Every person who shall make, or knowingly have in his possession, any die or dies, plate or plates, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting the coin now made current, or hereafter to be made current in this state, or in counterfeiting bank notes or bills, upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, shall be destroyed."

§ 481. Counterfeiting railroad or steamship tickets. Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars or vessels of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad or steamship company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. [Amendment approved 1905; Stats. 1905, p. 675.]

California Jurisprudence: See article Forgery, vol. 12, p. 651.
Legislation § 481. 1. Added by Cole Amdts. 1873-74, p. 433.

2. Amendment by Stats. 1901, p. 463; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 675, adding (1) "or steamship" after "railroad" in both instances, and (2) "or vessels" after "cars."

§ 482. Restoring canceled railroad or steamship tickets. Every person who, for the purpose of restoring to its origi nal appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch-holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad or steamship company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine. [Amendment approved 1905; Stats. 1905, p. 675.]

California Jurisprudence: See article Forgery, vol. 12, p. 651.
Legislation § 482. 1. Added by Code Amdts. 1873-74, p. 433.

2. Amendment by Stats. 1901, p. 463; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 675, adding (1) "or steamship" after "railroad" in both instances, and (2) "or vessel" after "fare on the railroad."

§ 483. Selling ticket, etc., to person not entitled to use. Any person, firm, corporation, partnership, or association that shall sell to another any ticket, pass, scrip, mileage or commutation book, coupon, or other instrument for passage on a common carrier, for the use of any person not entitled to use the same according to the terms thereof, or of the book or portion thereof from which it was detached, shall be guilty of a misdemeanor.

California Jurisprudence: See article Carriers, vol. 4, p. 914.
Legislation § 483. Added by Stats. 1917, p. 1401.

494.

495.

Written instruments completed but not delivered.

Severing and removing part of the realty declared larceny.

§ 496. Buying or receiving stolen goods. Presumptive evidence. § 496a. Purchase of wire, etc., by junkdealers.

§ 496b. Buying or receiving stolen books.

$497. Larceny. Receiving property stolen in another state. $498. Injuries to gas service-pipes.

§ 499. Stealing water.

§ 499a. Stealing electricity a misdemeanor.

§ 499b. Taking motor vehicle, bicycle, etc., temporarily, a misde

meanor.

§ 499c. Unlawful use of automobiles.

$500. Larceny of goods saved from fire in San Francisco.

$501. Purchasing or receiving in pledge junk, etc.

§ 502. Applies sections 339, 342, and 343 to junk dealers, etc. [Re

pealed.]

§ 502. Removal of improvements from mortgaged real property is

larceny.

§ 484. "Larceny" defined. Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another.

Where the evidence is sufficient to establish the crime of larceny, the defendant may be prosecuted generally therfor and need not be specially prosecuted either for the results of false personation under § 530, post, or for obtaining property by false pretenses under § 532, post, although the facts might admit of prosecution under either of these sections. People v. Campbell, 127 Cal. 279, 59 Pac. 593.

Embezzlement: Post, § 503 et seq.

Act to more fully define larceny: See Stats. 1871-72, p. 282 (Gen. Laws, tit. "Larceny").

Act to punish stealing gold-dust, amalgam, or quicksilver: See Stats. 1871-72, p. 435 (Gen. Laws, tit. "Larceny").

Stealing of electricity: See post, § 499a.

Stealing of gas: See post, § 498.

Stealing of water: See post, § 499.

California Jurisprudence: See article Larceny.

A. L. R. Notes: Appropriation of property after obtaining possession by fraud as larceny, note 26 A. L. R. 381. What amounts to asportation which will support charge of larceny, note 19 A. L. R. 724. What amounts to embezzlement or larceny within