Legal Opinion

Commonwealth v. Neal

Superior Court of Pennsylvania

Decided March 3, 1922No. Appeal, No. 10PublishedCited by 21 opinions

Appeal, No. 10, March T., 1922, by Commonwealth, from judgment of Q. S. Tioga Co., May Sessions, 1921, No. 8, quashing indictment in the case of Commonwealth of Pennsylvania v. Leonard J. Neal. Indictment for practicing medicine and surgery without license. Before Channell, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 10, March T., 1922, by Commonwealth, from judgment of Q. S. Tioga Co., May Sessions, 1921, No. 8, quashing indictment in the case of Commonwealth of Pennsylvania v. Leonard J. Neal. Indictment for practicing medicine and surgery without license. Before Channell, P. J. The facts are stated in the opinion of the Superior Court. The court quashed the indictment because of its failure to deny that the defendant belonged to any of the excepted classes set forth in the statute. The Commonwealth appealed. Error assigned was the order of the court quashing the indictment. It appears to be…

1Opinion of the Court

Opinion by

Porter, J.,

This indictment is founded upon the Act of June 3, 1911, P. L. 639, relating to the practice of medicine and surgery, enacting, in its first section, that “it shall not be lawful for any person in the State of Pennsylvania to engage in the practice of medicine and surgery......or to hold himself or herself forth as ablé to do so, excepting those hereinafter exempted, unless he or she shall have first fulfilled the requirements of this act and has received a certificate of licensure from the Bureau of Medical Education and Licensure created by this act,” declaring any…

2Cases cited4 opinions

  1. Fleming v. . the PeopleNew York Court of Appeals · 1863
  2. State v. AbbeySupreme Court of Vermont · 1856
  3. Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1876
  4. State v. BevinsSupreme Court of Vermont · 1898

3Cited by21 opinions

  1. Commonwealth v. StoffanSuperior Court of Pennsylvania · 1974
  2. Commonwealth v. SojournerSuperior Court of Pennsylvania · 1979
  3. Commonwealth v. HughesSuperior Court of Pennsylvania · 1979
  4. Commonwealth v. StawinskySuperior Court of Pennsylvania · 1975
  5. Com. of Pa. v. FaheySuperior Court of Pennsylvania · 1934

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