Legal Opinion

State v. Gallagher

Supreme Court of Arkansas

Decided January 8, 1912PublishedCited by 14 opinions

Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee was charged with , a violation of the practice of medicine act, in the Franklin Circuit Court, upon the following indictment: “The grand jury of Franklin County and Charleston District, in the name and by the authority of the State of Arkansas, accuse one Doctor Gallagher of the crime of unlawful practice of medicine committed as follows: The said one Doctor…

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Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee was charged with , a violation of the practice of medicine act, in the Franklin Circuit Court, upon the following indictment: “The grand jury of Franklin County and Charleston District, in the name and by the authority of the State of Arkansas, accuse one Doctor Gallagher of the crime of unlawful practice of medicine committed as follows: The said one Doctor Gallagher on the 6th day of September, 1911, in the county and district aforesaid, did unlawfully and repeatedly prescribe…

1Opinion of the Court

Kirby, J.,

(after stating the facts). The only question presented is whether the indictment charges appellee with the commission of a public offense under sections 5242 and 5243 of Kirby’s Digest, which read as follows:

“Section 5242. Every person who shall practice or who shall attempt to practice medicine in any of its branches, or who shall perform or attempt to perform any .surgical operation for any person, or upon any person within this State, without first having complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be…

2Cases cited3 opinions

  1. State v. Biggs.Supreme Court of North Carolina · 1903
  2. Hayden v. StateMississippi Supreme Court · 1902
  3. Foo Lun v. StateSupreme Court of Arkansas · 1907

3Cited by14 opinions

  1. S. H. Kress & Co. v. SharpMississippi Supreme Court · 1930
  2. People v. FowlerCalifornia Court of Appeal · 1938
  3. Ex parte KingSupreme Court of Arkansas · 1919
  4. Jones v. StateSupreme Court of Arkansas · 1912
  5. Stover v. StoverSupreme Court of Arkansas · 1985

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