Carter v. State
Alabama Court of Appeals
Appeal from Pike County Law Court. Heard before Hon. T. L. Borum. Charlie C. Carter was convicted of practicing medicine without- a license, and he appeals. The affidavit is as follows, omitting formal charging part: “That in Pike county, within twelve months before making this affidavit, Charlie C. Carter did practice medicine or surgery without a license and contrary to law.”
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Appeal from Pike County Law Court. Heard before Hon. T. L. Borum. Charlie C. Carter was convicted of practicing medicine without- a license, and he appeals. The affidavit is as follows, omitting formal charging part: “That in Pike county, within twelve months before making this affidavit, Charlie C. Carter did practice medicine or surgery without a license and contrary to law.” The affidavit should have been quashed or the demurrers sustained thereto. — Nelson v. The State, 97 Ala. 80; Brooks v. The State, 88 Ala. 122. The court erred in giving the affirmative charge for the state. — Nelson…
1Opinion of the CourtWalker, P. J.
The charge in this case was made in the form prescribed for the offense provided for by section 7564 of the Code. —Code, § 7161, form 84. Its sufficiency was not open to question by demurrer or otherwise.—Coleman v. State, 150 Ala. 64, 43 South. 715; Jones v. State, 136 Ala. 118, 34 South. 236; Noles v. State, 24 Ala. 72.
The evidence on the trial was not such as to warrant the giving of the general affirmative charge in favor of the state. Such a charge should not be given, where *114the evidence as a whole does not necessarily show guilt.—King v. State, 151 Ala. 12, 44 South. 200. The testimony…
2Cases cited3 opinions
- Jones v. StateSupreme Court of Alabama · 1902
- Coleman v. StateSupreme Court of Alabama · 1907
- King v. StateSupreme Court of Alabama · 1907
3Cited by2 opinions
- Pate v. StateAlabama Court of Appeals · 1923
- Smith v. StateAlabama Court of Appeals · 1913