State v. . Van Doran
Supreme Court of North Carolina
This was a criminal action for the statutory offence created by chapter 181 of the Laws of 1889, tried at the Spring Term, 1891, of the Superior Court of Washington County, before Bryan, J. The indictment was in form as follows: “The jurors for the State, etc., * * * present that L. W. Van Doran, in Washington County, on the 1st day of March, 1891, unlawfully and wilfully did practice, or attempt to practice, medicine or surgery, the said L. W. Van Doran not then and there…
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This was a criminal action for the statutory offence created by chapter 181 of the Laws of 1889, tried at the Spring Term, 1891, of the Superior Court of Washington County, before Bryan, J. The indictment was in form as follows: “The jurors for the State, etc., * * * present that L. W. Van Doran, in Washington County, on the 1st day of March, 1891, unlawfully and wilfully did practice, or attempt to practice, medicine or surgery, the said L. W. Van Doran not then and there Laving produced and exhibited before the Clerk of the Superior Court of said county a license obtained from the Board of…
1Opinion of the CourtAveky, J.
after stating the facts: Where a statute makes two or more distinct acts, constituting separate stages of the same transaction, indictable (as in the case at bar, the acts of practicing, or attempting to practice, medicine), both or all may be charged in a single count of the indictment. 1 Wharton Cr. Law (7th Ed.), § 390; 10 Am. & Eng. Enc., p. 599d; State v. Bordeaux, 93 N. C., 560; State v. Parish, 104 N. C., 680.
If the distinct acts, representing the successive stages of the transaction, were connected in the statute by the word “ or,” it was in accordance with the settled precedents in…
2Cases cited12 opinions
- People v. AdamsNew York Supreme Court · 1837
- State v. . BordeauxSupreme Court of North Carolina · 1885
- State v. . BryanSupreme Court of North Carolina · 1887
- State v. . PickensSupreme Court of North Carolina · 1878
- State v. Harper.Supreme Court of North Carolina · 1870
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