Smith v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. G-win. J. J. Smith was convicted of treating diseases for compensation without having obtained a certificate from the Board of Medical Examiners, and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. G-win. J. J. Smith was convicted of treating diseases for compensation without having obtained a certificate from the Board of Medical Examiners, and he appeals. Under the evidence defendant was not liable to conviction under section 7564, and the demurrers to the indictment should have been sustained. — 187 U. S. 94, 135 Fed. 1. The indictment followed the Code form and was therefore sufficient. — Form. 84. The other questions presented have been determined adversely to appellant’s contention.— Bragg v. State, 134 Ala. 165.
1Opinion of the Court
THOMAS, J.-
— The defendant was convicted of the offense prohibited by section 7564 of the Code, treating human diseases without having obtained a certificate of qualification from the State Board of Medical Examiners. The form of indictment prescribed by law for charging such offense was folloAved in this case, and the complaint was therefore not subject to the demurrer interposed to it. — Code, § 7161, form 84; Carter v. State, 3 Ala. App. 112, 57 South, 1022. The case was tried by the court without the intervention of a jury, as provided by law, upon an undisputed state of facts.
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2Cases cited2 opinions
- Brooks v. StateSupreme Court of Alabama · 1889
- Carter v. StateAlabama Court of Appeals · 1912
3Cited by6 opinions
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Williamson v. StateAlabama Court of Appeals · 1918
- Whitehead v. CokerAlabama Court of Appeals · 1917
- People v. MashAppellate Court of Illinois · 1925
- McLosky v. StateAlabama Court of Appeals · 1923
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