Hilty v. State

CALHOUN, Judge.

— Appellant was convicted of the unlawful practice of medicine and his punishment was assessed at a fine of $50 and one day in jail.

The evidence, without conflict, was to the effect that the appellant treated a boy, Fred Tholen, who was afflicted with St. Vitus’ dance, after examination, for misalignment of certain joints of the vertebrae and spine. Appellant was known as a chiropractor; that for the treatment he gave the boy he charged, and was paid, compensation.

Bill of exception No. 1 raises the question of a material variance between the allegations of the information and…