Driscoll v. Commonwealth
Court of Appeals of Kentucky
Case 70 —INFORMATION APPEALS PROM LOUISVILLE CITY COURT. 1. The demurrer to the warrant should have been sustained because the ' affidavit stated mere conclusion's and not facts. 2. The statute does not impose a penalty for illegally registering, hut for a failure to register, and therefore a mere error in the registration does not warrant a fine. 3. The admission of the Commonwealth that the appellant is a graduate of the Starling Medical College, and that the Starling…
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Case 70 —INFORMATION APPEALS PROM LOUISVILLE CITY COURT. 1. The demurrer to the warrant should have been sustained because the ' affidavit stated mere conclusion's and not facts. 2. The statute does not impose a penalty for illegally registering, hut for a failure to register, and therefore a mere error in the registration does not warrant a fine. 3. The admission of the Commonwealth that the appellant is a graduate of the Starling Medical College, and that the Starling Medical College is a reputable school of medicine, is fatal to the Commonwealth’s cause. 4. The act under which this…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
These two cases, involving, the same question, will be considered together.
An act of the Legislature was passed on the 23d of Eebruary in the year 1874 for the purpose of preventing incompetent physicians and surgeons from practicing their profession within the State, the apt reciting that it is of the greatest importance that none hut persons with ■competent qualifications should he allowed to practice a pro*396fession to whose skill and ability the life of the citizen is intrusted, etc.
This enactment has been amended from time to time, and by the…
2Cases cited2 opinions
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
3Cited by15 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Burroughs v. WebsterIndiana Supreme Court · 1898
- State v. SpearsNew Mexico Supreme Court · 1953
- Kentucky Board of Pharmacy v. CassidyCourt of Appeals of Kentucky · 1903
- Commonwealth v. WardCourt of Appeals of Kentucky · 1909
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