Forgery is the fraudulent making or alteration of a writing to the prejudice of another's rights.219

The writing alleged to be forged must be such an instrument which, if genuine, would be effective, or would effect the transfer of property;220 or if genuine would operate as the foundation of another's liability or prejudice his rights.221

But it is not necessary that any one should actually be injured or defrauded by the forged writing; it is sufficient if it would probably injure.222

Section 125. The Nature Of Forgery

The nature of the offense in writing or changing a document consists in endeavoring to give an appearance of truth to a mere deceit and falsity, to make it appear that one did an act when in fact he did not, or that a person did some act at a time when it was not done, with the intention of defrauding.223

Under the definition of forgery any material alteration of a genuine instrument by which a new operation is given it, is a forgery of the whole instrument, if done with intent to defraud.224

218 Bruen vs. People, 206 Ill., 417, 423; Williams vs. People, 196 Ill., 173, 176; People vs. Hope, 62 Cal., 291; Cornwall vs. State, 91 Ga., 277; Underbill's Cr. Ev., Sec. 375; State vs. Franks, 64 Iowa, 39.

219 4 Blackstone Com., 247.

220 Brown vs. People, 86 Ill., 241, Waterman vs. People, 67 111., 93; Hendricks vs. State, 26

Tex. App., 176. 221 Com. vs. Ray, 3 Gray (Mass.), 446; State vs. Briggs, 34 Vt., 501; Garmire vs. State, 104

Ind., 444; State vs. Auken, 98 Iowa, 674. 222 Rex vs. Ward, 2 East P. C, 861;

13 Am. and Eng. Ency. Law, 1085 (2nd Ed.). 223 State vs. Redstrake, 39 N. J. L., 365.

For instance the changing of the date of a genuine instrument making it appear to have been executed at a different date than when it really was executed, and the false date is material to the operation of the instrument, it is a forgery of the whole of it, if done with intent to defraud.225

Section 126. Engraving, Printing, Photographing. A writing includes anything done not only with a pen, but also by engraving, printing, photographing, or by pasting the name of another without authority.226

Section 127. Forgery, How Committed

Forgery may be committed by signing the name of another,227 by the use of fictitious names,228 by the fraudulently filling in of blank checks, notes, acceptances, and like instruments of a commercial character, and229 by the use of one's own name when it is the same name as that of another's, if done with fraudulent intent.230

224 Owen vs. Brown 70 Vt., 521; State vs. Wooderd, 20 Iowa, 541; Com. vs. Hyde, 94 Ky., 517; 3 Greenl. Ev., 104; 2 East, P. C, 861; Hughes Cr. Law, Sec. 897.

225 Queen vs. Riley, 1 Q. B. D., 309 S. C; 10 Am. Cr. R., 406 (Telegram).

226 13 Am. and Eng. Ency. Law, 1086. (2nd Ed.)

227 Lemasters vs State, 95 Ind., 367; Rudicel vs. State, 111 Ind., 595; Com. vs. Henry, 118 Mass., 460; Fonville vs.

State, 17 Tex. App., 368.

228 U. S. vs. Mitchell, 1 Baldw. (U. S.), 366; Ex parte Hibbs, 26 Fed., 421; People vs. Warner, 104 Mich., 337; State vs. Hahn, 38 La., 169; Las-celles vs. State, 90 Ga., 347.

229 Wilson vs. South Park Com., 70 Ill., 46; Rex vs. Hart, 7 C. and P., 652; People vs. Sickie, 62 Hun. (N. Y.), 402.

230 3 Greenl. Ev., Sec. 103; U. S. vs. Long, 30 Fed., 678; People vs. Peacock, 6 Cow. (N. Y.), 73; Barfield vs. State, 290 Ga., 127.