Legal Opinion

Vogel v. State

Court of Criminal Appeals of Texas

Decided January 24, 1940No. 20746Published

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

The conviction is for a violation of the Medical Practice Act; the punishment, a fine of $100.00 and confinement in jail for ten days.

The evidence is sufficient to support the conviction.

It is appellant’s contention that the law is unconstitutional, his position being that the exemption from its provisions of those applying the “principles, tenets, or teachings of any church in ministering to the sick or suffering by prayer, without the use of any drug or material remedy” renders the statute discriminatory. We think the holding of this Court in Hoy v. State, 134 Tex. Cr. R.…

2Cases cited2 opinions

  1. Allison v. StateCourt of Criminal Appeals of Texas · 1934
  2. Hoy v. StateCourt of Criminal Appeals of Texas · 1938

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