Legal Opinion

Hayden v. State

Mississippi Supreme Court

Decided October 15, 1902PublishedCited by 11 opinions

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Hayden, appellant, was convicted of practicing medicine without a license so to do, and appealed to the supreme court. The facts are stated in the opinion of the court. He made a previous effort to appeal from the verdict of the jury, before judgment, but the appeal was dismissed. See Hayden v. State, ante 55. The question is as to the meaning of the term ‘£ physician ’ ’ in § 1258 of the code.

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From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Hayden, appellant, was convicted of practicing medicine without a license so to do, and appealed to the supreme court. The facts are stated in the opinion of the court. He made a previous effort to appeal from the verdict of the jury, before judgment, but the appeal was dismissed. See Hayden v. State, ante 55. The question is as to the meaning of the term ‘£ physician ’ ’ in § 1258 of the code. The implication of the section is that he may be examined and get license, mere mockery if he cannot. Section 3243 of the code…

1Opinion of the CourtTerral, J.

Hayden was indicted in the circuit court of Alcorn county for practicing as a physician without first having been examined and obtained -a license. so to do. The facts of his alleged offense were admitted to be as follows, and upon this admission the case was submitted to the jury: “That the defendant practiced in this (Alcorn) county what is known as ‘ osteopathy ’ in the American'School of Osteopathy, in Kirksville, Mo., from which school he is a graduate. That in treating diseases, and in his treatment of the witnesses for the state in this case, to-wit, W. W. Kemp and James A. Carter, he…

2Cases cited2 opinions

  1. Nelson v. State Board of HealthCourt of Appeals of Kentucky · 1900
  2. State v. MylodSupreme Court of Rhode Island · 1898

3Cited by11 opinions

  1. State v. SmithSupreme Court of Missouri · 1911
  2. S. H. Kress & Co. v. SharpMississippi Supreme Court · 1930
  3. State v. GallagherSupreme Court of Arkansas · 1912
  4. Bennett v. WareCourt of Appeals of Georgia · 1908
  5. Board of Medical Examiners v. FreenorUtah Supreme Court · 1916

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