Legal Opinion

State v. Welch.

Supreme Court of North Carolina

Decided December 20, 1901PublishedCited by 10 opinions

INDICTMENT against J. L. Welch, beard by Judge George A. Jones and a jury, at August Term, 1901, of tbe Superior Court of Macon County. From a verdict of guilty and judgment tbereon, tbe defendant appealed.

1Opinion of the CourtClark, J.

The defendant is indicted fox practicing medicine or surgery without license. The bill is drawn under section 5, Chapter 181, Laws 1889, and is a verbatim copy of the indictment which was sustained in State v. VanDoran, 109 N. C., 864. The defendant moved to quash the bill, and also in arrest of judgment, because:

1. It did not negative the provision of the statute allowing persons to pursue the avocation of midwifery.

2. The bill fails to allege the defendant practiced for “fee or reward.”

3. The bill alleges defendant “unlawfully and wilfully did practice or attempt to practice medicine or…

2Cases cited2 opinions

  1. State v. CallSupreme Court of North Carolina · 1897
  2. State v. . Van DoranSupreme Court of North Carolina · 1891

3Cited by10 opinions

  1. State v. JohnsonSupreme Court of Kansas · 1911
  2. Smith v. PeopleSupreme Court of Colorado · 1911
  3. State v. EdmundsSupreme Court of Iowa · 1904
  4. Commonwealth v. PornMassachusetts Supreme Judicial Court · 1907
  5. State Board of Nursing v. RuebkeSupreme Court of Kansas · 1996

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