Legal Opinion

State v. McAninch

Supreme Court of Iowa

Decided October 5, 1915PublishedCited by 26 opinions

Appeal from Jasper District Court. — Hon. Henry Silwold, Judge. Sec. 2579 of the Code defines one practicing medicine, surgery or obstetrics, and being a physician, to be a person “who shall publicly profess to be a physician, surgeon or obstetrician, and assume the duties, or who shall make a practice of prescribing or of prescribing and furnishing medicine for the sick, or who shall publicly profess to cure or heal.”

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Appeal from Jasper District Court. — Hon. Henry Silwold, Judge. Sec. 2579 of the Code defines one practicing medicine, surgery or obstetrics, and being a physician, to be a person “who shall publicly profess to be a physician, surgeon or obstetrician, and assume the duties, or who shall make a practice of prescribing or of prescribing and furnishing medicine for the sick, or who shall publicly profess to cure or heal.” Sec. 2580, Code, is, among other things, that it shall be a misdemeanor for any person to “practice medicine, surgery or obstetrics in the state without having first obtained…

1Opinion of the CourtSalinger, J.

1-jo?ñ¡áer™fro?-er f™rproporpr"ocedure to raise. Demurrer can present only (1) that the indictment does not substantially conform to the requirements of the Code, and (2) that it pleads that which, if true, constitutes’ a legal defense or bar to the prosecution (Sec."5328, Code). It admits of serious doubt, therefore, whether demurrer may be used to urge that the indictment (1) “Imv ™ • , ,, .properly joins several offenses m one count ; (2)’ is duplicitous “in pleading the alleged offense's”; (3) *99‘ ‘ fails to show or allege facts sufficient to show that this court, or any court, has…

2Cases cited50 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
  2. State v. LeeSupreme Court of Iowa · 1894
  3. Hinkle v. DavenportSupreme Court of Iowa · 1874
  4. State v. ComstockSupreme Court of Iowa · 1877
  5. State v. SmithSupreme Court of Iowa · 1896

45 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Commonwealth v. GallarelliMassachusetts Supreme Judicial Court · 1977
  2. McDonald v. RobinsonSupreme Court of Iowa · 1928
  3. State v. LeeperSupreme Court of Iowa · 1924
  4. State v. HuckinsSupreme Court of Iowa · 1931
  5. State v. HealySupreme Court of Minnesota · 1917

21 more not listed; retrieve them via the Exa API.

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