Rutherford v. State

HARPER, Judge.

Appellant was convicted of unlawfully practicing medicine and his punishment assessed at a fine of $100.

Article 756 of the Penal Code provides that the punishment for unlawfully practicing medicine shall be by fine of not less than $50 nor more than $500 and by imprisonment in the county jail for any period of time not exceeding six months. It is thus seeiy that the Legislature has fixed some imprisonment as a minimum punishment the jury can assess The punishment assessed must be always within the minimum and maximum fixed by law. This court, and no other court in this State,…