People v. . Vogelgesang
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 11, 1916, which affirmed a judgment of the Erie County Court affirming a judgment of the City Court of Buffalo rendered upon a verdict convicting the defendant of the crime of practicing medicine without a license. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 11, 1916, which affirmed a judgment of the Erie County Court affirming a judgment of the City Court of Buffalo rendered upon a verdict convicting the defendant of the crime of practicing medicine without a license. The facts, so far as material, are stated in the opinion. The trial court committed error in excluding the defendant’s substantial defense and in making the whole • action hinge on the question of whether or not the defendant had received money for…
1Opinion of the Court
Cardozo, J.:
The defendant has been convicted of the illegal practice of medicine. He says he is a spiritualist, and that he has practiced the religious tenets of his church. If that is all that he has done, he has acted within his rights. We think he has done more.
In February, 1915, one Albert Haldeman, then suffering from fatal heart disease, visited the defendant’s office. He paid four visits there, and received three visits at his own home. He died the next month. The defendant rubbed his body with a liniment, and gave him medicine for internal use. All this was done for pay. The patient’s…
2Cases cited2 opinions
- People v. . SwerskyNew York Court of Appeals · 1916
- Grant v. . SmithNew York Court of Appeals · 1871
3Cited by13 opinions
- The Founding Church of Scientology of Washington, D.C. v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- State v. FolkesOregon Supreme Court · 1944
- New Jersey Chiropractic Ass'n v. State Board of Medical Examiners of New JerseyDistrict Court, D. New Jersey · 1948
- State v. VerbonWashington Supreme Court · 1932
- Mitchell v. McCallSupreme Court of Alabama · 1962
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