State v. Wood
Montana Supreme Court
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
- Smith v. PeopleSupreme Court of Colorado · 1911
- State v. TullyMontana Supreme Court · 1904
- Ferner v. StateIndiana Supreme Court · 1898
- Territory v. BurnsMontana Supreme Court · 1886
- State v. WilliamsMontana Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HopkinsMontana Supreme Court · 1917
- State v. ThierfelderMontana Supreme Court · 1943
- State v. FinleyMontana Supreme Court · 1924
- State v. SnyderNew Mexico Supreme Court · 1924
- State Ex Rel. Blenkner v. Stillwater CountyMontana Supreme Court · 1937
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