Legal Opinion

Young v. State

Court of Criminal Appeals of Texas

Decided December 15, 1915No. 3860PublishedCited by 3 opinions

Appeal from the County Court of Red River. Tried below before the Hon. Geo. Morrison. Appeal from a conviction of unlawfully practicing medicine; penalty, a fine of $175. The opinion states the case. On question of motion to quash information: Lockhart v. State, 58 Texas Crim. Rep., 73, 124 S. W. Rep., 923; Young v. State, 59 Texas Crim. Rep., 358, 128 S. W. Rep., 1103.

1Opinion of the Court

HARPER, Judge.

Appellant was convicted of unlawfully practicing medicine, and his punishment assessed at a fine of $175, from which judgment he prosecutes this appeal.

Appellant moved to quash the information and complaint because they did not allege that he had not recorded a certificate or diploma in the county of his residence. It is always better to follow the language of the statute, but this is not absolutely essential, if language of equivalent import and meaning is used. Matthews v. State, 36 Texas, 675 ; Fowler v. State, 38 Texas, 559; Caldwell v. State, 2 Texas Crim. App., 53;…

2Cases cited3 opinions

  1. Bigham v. StateCourt of Criminal Appeals of Texas · 1892
  2. Mathews v. StateTexas Supreme Court · 1872
  3. Fowler v. StateTexas Supreme Court · 1873

3Cited by3 opinions

  1. Littleton v. StateCourt of Criminal Appeals of Texas · 1922
  2. Boattenhamer v. StateCourt of Criminal Appeals of Texas · 1918
  3. McCoy v. StateCourt of Criminal Appeals of Texas · 1927

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