Legal Opinion

State v. Wood

Montana Supreme Court

Decided May 26, 1917No. 3,964PublishedCited by 11 opinions

Appeal from District Court, Fergus Countyj Boy E. Ayers, Judge. B. J. Wood was convicted of practicing osteopathy without a license, and, from the judgment and from an order denying his motion for new trial, he appeals. This indictment charges the defendant with the practice of osteopathy “without first having obtained a certificate or license, etc. * * * and he, the said B. J. Wood, not being then and there a practitioner of medicine and surgery.”

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Appeal from District Court, Fergus Countyj Boy E. Ayers, Judge. B. J. Wood was convicted of practicing osteopathy without a license, and, from the judgment and from an order denying his motion for new trial, he appeals. This indictment charges the defendant with the practice of osteopathy “without first having obtained a certificate or license, etc. * * * and he, the said B. J. Wood, not being then and there a practitioner of medicine and surgery.” Section 1601, Revised Codes, prohibits .the practice without a license or certificate issued after certain examinations. This is covered in the…

1Opinion of the CourtJustice Holloway

B. J. Wood was convicted of practicing osteopathy without a license, and has appealed from the judgment and from an order denying his motion for a new trial.

The three specifications of error raise but a single question, viz.: Was it necessary for the state to plead and prove that, at the time the alleged offense was committed, the defendant did not have a certificate issued by the secretary of the board of osteopathic examiners authorizing him to practice osteopathy until the next meeting of the board ? If it was necessary to allege the fact, it was necessary to prove it, and, conversely, if…

2Cases cited7 opinions

  1. Smith v. PeopleSupreme Court of Colorado · 1911
  2. State v. TullyMontana Supreme Court · 1904
  3. Ferner v. StateIndiana Supreme Court · 1898
  4. Territory v. BurnsMontana Supreme Court · 1886
  5. State v. WilliamsMontana Supreme Court · 1890

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

3Cited by11 opinions

  1. State v. HopkinsMontana Supreme Court · 1917
  2. State v. ThierfelderMontana Supreme Court · 1943
  3. State v. FinleyMontana Supreme Court · 1924
  4. State v. SnyderNew Mexico Supreme Court · 1924
  5. State Ex Rel. Blenkner v. Stillwater CountyMontana Supreme Court · 1937

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

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