People v. Hoyt

Fbeschi, J.:

The defendant has been tried upon two informations, one charging that he, “ being a duly licensed physician, unlawfully sold and delivered to Elizabeth Day a quantity of heroin without first making a physical examination of her for the treatment of injury, disease or deformity.” This information was drawn under that portion of section 246 of the Public Health Law, as amended by Chap. 327, Laws 1915, which states that “ it shall be unlawful * ® * for any duly licensed physician to dispense, give or deliver any of the said drugs * ® * except after a physical examination of any…