Mayer v. State

The opinion of the court was delivered by

Garrison, J.

Upon this writ of error the defendant may question the sufficiency of the indictment. A motion to quash was duly made before the jury was sworn. Mead v. State, 24 Vroom 601.

The error, if any, in the pleading appears upon the face of the record.

The indictment is for a statutory offence, to wit, unlawfully commencing the practice of medicine without first filing a state license. Gen. 8tat.,p. 2084.

The supposed defect in the indictment is that it fails to aver that the defendant is not one of the persons who, by the-ninth section of the act,…