State v. Schultz
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County, Indictment for practicing medicine without a certificate from the State board of medical examiners. The defendant was tried before McHatton J. Before appellant could have practiced “ contrary to the provisions of the act,” having first obtained his certificate, which he then possessed, it must have been lawfully revoked upon due and sufficient notice first given,.and an opportunity to appellant to defend his right.
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Appeal from Second Judicial District, Silver Bow County, Indictment for practicing medicine without a certificate from the State board of medical examiners. The defendant was tried before McHatton J. Before appellant could have practiced “ contrary to the provisions of the act,” having first obtained his certificate, which he then possessed, it must have been lawfully revoked upon due and sufficient notice first given,.and an opportunity to appellant to defend his right. The proof for the State concedes that this was not done; therefore the motion for nonsuit should likewise have been…
1Opinion of the CourtBlake, C. J.
The indictment alleges that the appellant Schultz, “on or about the fifteenth day of September, A. D. 1890, at the county of Silver Bow, in the State of Montana, wilfully, falsely, and unlawfully did assume upon himself to execute, exercise, and occupy the art, faculty, and science of a physician and surgeon, and then and there unlawfully did practice medicine, and did give, administer, apply, and prescribe medicine to one J. P. Jones (whose full Christian name is to the grand jury unknown), and to divers other persons (whose names are to the said grand jury unknown) afflicted with various…
2Cases cited7 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Ex Parte BradleySupreme Court of the United States · 1869
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- People ex rel. Mulford v. TurnerCalifornia Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gilchrist v. BierringSupreme Court of Iowa · 1944
- Prouty v. HeronSupreme Court of Colorado · 1953
- State ex rel. Williams v. PurlSupreme Court of Missouri · 1910
- State ex rel. Kellogg v. District Court of First Judicial DistrictMontana Supreme Court · 1893
- State Ex Rel. Fryberg v. MayburyWashington Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.