Appeal from the Municipal Criminal Court of the City and County of San Francisco.

The facts are stated in the opinion. The indictment was as follows:

Ah Tuck and Ah Sam are accused by the Grand Jury of the City and County of San Francisco, State of California, by this indictment, found this 25th day of August, A. D. 1870, of the crime of forgery, committed as follows: The said Ah Tuck and Ah Sam, on the 9th day of July, A. D. 1870, at the city, county, and State aforesaid, feloniously, falsely, and willfully did have and keep in their possession live hundred certain false, forged, and counterfeit blank and unfinished bank bills, each made in the form and similitude of a bill for the payment of money, made to be issued by an incorporated bank, viz: The Chartered Bank of India, Australia, and China, a foreign corporation then lawfully organized and incorporated under the laws of the United Kingdom of Great Britain and Ireland, and then carrying on business as such banking corporation at Hongkong, in China, which said five hundred unfinished bank bills so had and kept in the possession óf the said Ah Tuck and Ah Sam are each in the words and figures following, viz:

$5. Incorporated by Boyal Charter. $5.

Ho.- Ho.-

Hongkong,-, 18—.

The Chartered Bank of Lidia, Australia, and China promises to pay the bearer, oh demand, at its office here, five dollars or,the equivalent in the currency of the island, value received.

By order of the Court of Directors.

Entered-. Acc’t-.

-, Manager.

Hongkong.

With intention to fill up said blank and unfinished bills, and permit, cause, and procure the same to be filled up and completed in order to utter and pass the same and to cause the same to, be uttered and passed as true and genuine bills of said corporation, to defraud said The Chartered Bank of India, Australia, and China, contrary to the form of the statute in such case made and provided. •

And in order to charge the commission of the said crime of forgery in another count and in a different way, the said Grand Jury accuse the said Ah Tuck and Ah Sam of the said crime of forgery, committed as follows, viz: The said Ah Tuck and Ah Sam, on the 9th day of July, A. D. 1870, at the City and County of San Francisco aforesaid, feloniously, falsely, and willfully did have and keep in their possession the said five hundred false, forged, and counterfeit blank and unfinished bank bills, each made in the form and similitude of a bill for the payment of property made to be issued by an incorporated bank, viz: The Chartered Bank of India, Australia, and China, a foreign corporation then organized and lawfully incorporated under the laws of the United Kingdom of Great Britain and Ireland, and then carrying on business as such banking corporation at Hongkong, in China; which said five hundred blank and unfinished counterfeit bank bills so had and kept by the said Ah Tuck and Ah Sam in thefr possession are each in the words and figures following, viz:

$5. Incorporated by Boyal Charter. $5.

Ho.- ' Ho.-

Hongkong,-, 18—.

The Chartered Bank of India, Australia, and China, promises to pay the bearer, on demand, at its office here, five dollars, or the equivalent in the currency of the island, value received.

By order of the Court of Directors.

'Entered-. Ace’t-.

-, Manager.

Hongkong.

With intention to fill up said blank and unfinished bills, and ' permit; cause, and procure the same to be filled up and completed, in order to utter and pass the same and to cause the same to be uttered and passed as true and genuine bills of said corporation, to defraud said The Chartered Bank of India, Australia, and China, contrary to the form, force, and. effect of the statute in such case made and provided, and against the peace and dignity of the people of the State of California.