Bell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of.this indictment, that Seaborn Bell practiced medicine in Dale county, Alabama, without having first obtained a certificate of qualification from one of the authorized boards of medical examiners of the State of Alabama, against the peace •and dignity…
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Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of.this indictment, that Seaborn Bell practiced medicine in Dale county, Alabama, without having first obtained a certificate of qualification from one of the authorized boards of medical examiners of the State of Alabama, against the peace •and dignity of the State of Alabama.” This indictment was filed in open court on March 30th, 1893, and was based upon the provisions…
1Opinion of the CourtColeman, J.
The defendant was convicted for practicing medicine without having first obtained a certificate of qualification as provided in section 4078 of the Criminal Code, and the statute amendatory thereof approved February 18th, 1891. — Act of 1890t91, p.857. This court has declared that the statute is constitutional. Brooks v. The State, 88 Ala. 122 ; Nicholson v. The State, 100 Ala. 132.
It was not necessary to aver in the indictment that the defendant did not come within the proviso of the amendatory act of 1890-91, supra. Where the exception is incorporated in the enacting clause, the indictment…
2Cases cited5 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Carson v. StateSupreme Court of Alabama · 1881
- Brooks v. StateSupreme Court of Alabama · 1889
- Bellinger v. StateSupreme Court of Alabama · 1890
- Nicholson v. StateSupreme Court of Alabama · 1893
3Cited by8 opinions
- Bragg v. StateSupreme Court of Alabama · 1901
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
- State v. KendigSupreme Court of Iowa · 1907
- McLeod v. StateAlabama Court of Appeals · 1913
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