People v. Devinny
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 3, 1919, which affirmed a judgment of the Albany County Court 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 indictment did not charge any acts constituting a crime.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 3, 1919, which affirmed a judgment of the Albany County Court 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 indictment did not charge any acts constituting a crime. (Simmons v. United States, 96 U. S. 360; United States v. Hess, 124 U. S. 483; State v. Carey, 4 Wash. 424; O’Connor v. State, 46. Neb. 157; County of Steuben v. Wood, 24 App. Div. 442; People v.…
1Opinion of the Court
Hiscock, Ch. J.
The defendant has been convicted of practicing medicine without a license. The questions which it is necessary for us to consider spring from the form of the indictment which by demurrer and otherwise has been challenged as insufficient.
At all the times in question it was provided by the Public Health Law (Cons. Laws, ch. 45) (§ 161) that “No person shall practice medicine, unless registered and legally authorized * * * or unless licensed by the Regents and registered ” as in said section provided. By other sections the violation of this one is made a misdemeanor. Section 160,…
2Cases cited23 opinions
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- State v. CareyWashington Supreme Court · 1892
- Parks v. StateIndiana Supreme Court · 1902
- State v. WilsonSupreme Court of Connecticut · 1862
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3Cited by41 opinions
- People v. KohutNew York Court of Appeals · 1972
- People v. DavisNew York Court of Appeals · 2009
- People v. FarsonNew York Court of Appeals · 1927
- People v. SyllaAppellate Terms of the Supreme Court of New York · 2005
- People v. SantanaNew York Court of Appeals · 2006
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