Harrison v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. John S. Leeper. The case was tried by and before the judge of the county court, without the .intervention of a jury, on a charge against the defendant, for a violation of section 4078 of the Code as amended February 18th, 1891, (Acts 1890-91, p. 857) , which reads as follows ; “Anyperson practicing medicine or surgery in this State, without having first obtained a certificate of qualification from one of the…
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Appeal from the County Court of Shelby. Tried before the Hon. John S. Leeper. The case was tried by and before the judge of the county court, without the .intervention of a jury, on a charge against the defendant, for a violation of section 4078 of the Code as amended February 18th, 1891, (Acts 1890-91, p. 857) , which reads as follows ; “Anyperson practicing medicine or surgery in this State, without having first obtained a certificate of qualification from one of the authorized boards of medical examiners oi this State, shall be guilty of a misdemeanor, and on conviction thereof shall be…
1Opinion of the CourtHaralson, J.
The only defense the defendant made to the accusation preferred against him was, that he did not violate said act, because he was- exempted from its penalties by its proviso, in that he had practiced medicine in Shelby county, Alabama, for five years, continuously, prior to the time when said act of 18th of February, 1891, went into effect.
The contention on the part of the State, and under which the conviction must be sustained, if at all, is, that the word, physician, as used in the proviso of the act, does not mean the same thing as the words, “person practicing medicine,” as employed in…
2Cases cited2 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Brooks v. StateSupreme Court of Alabama · 1889
3Cited by11 opinions
- Locke v. Ionia Circuit JudgeMichigan Supreme Court · 1915
- Fulton v. StateSupreme Court of Alabama · 1911
- Montgomery Beer Bottling Works v. GastonSupreme Court of Alabama · 1899
- Hamilton v. City of AnnistonSupreme Court of Alabama · 1946
- State v. MillerNorth Dakota Supreme Court · 1930
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