State v. Blumenthal
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) Testing the eyes with instruments in order to prepare and fit tbe proper glasses, is not practicing medicine. People y. Smith, 69 N. E. 810.. (2) The court erred in admitting evidence that defendant advertised himself as a doctor. (1) The indictment in this case is good. It follows the exact language of approved precedent.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) Testing the eyes with instruments in order to prepare and fit tbe proper glasses, is not practicing medicine. People y. Smith, 69 N. E. 810.. (2) The court erred in admitting evidence that defendant advertised himself as a doctor. (1) The indictment in this case is good. It follows the exact language of approved precedent. State v. Davis, 194 Mb. 485. (2) Prescribing medicine for eyes, writing directions for using same upon box or bottle containing it, and making charge therefor, is practicing medicine within the meaning of…
1Opinion of the CourtEllison, J.
The defendant was convicted of the offense of practicing medicine in Vernon county without a license. Defendant claims that he was not practicing medicine within the terms of section 5, p. 358, *504Laws of 1907, reading as follows: “Any person practicing medicine or surgery in this State, and any person attempting to treat the sick or others afflicted with bodily or mental infirmities, and any person representing or advertising himself by any means or through any medium whatsoever, or in any manner whatsoever, so as to indicate that he is authorized to or does practice medicine or surgery in this…
2Cases cited3 opinions
- State v. DavisSupreme Court of Missouri · 1906
- People ex rel. State Board of Health v. SmithIllinois Supreme Court · 1904
- Kansas City v. BairdMissouri Court of Appeals · 1902
3Cited by4 opinions
- State v. JohnsonSupreme Court of Kansas · 1911
- State v. MillerNorth Dakota Supreme Court · 1930
- State ex rel. Collet v. ScopelSupreme Court of Missouri · 1958
- Territory v. TakamineHawaii Supreme Court · 1913