Commonwealth v. Hamilton
Superior Court of Pennsylvania
Appeal, No. 78, April T., 1920, by Commonwealth of Pennsylvania, from judgment of Q. S. of Westmoreland County, Nov. T., 1919, No. 7, quashing indictment in the case of Commonwealth of Pennsylvania v. David Hamilton. Indictment for practicing medicine without a license in violation of the provisions of the Act of June 3, 1911, P. L. 639, as amended by the Act of July 25, 1913, P. L. 1220. Before McConnell, P. J. Rule to quash indictment.
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Appeal, No. 78, April T., 1920, by Commonwealth of Pennsylvania, from judgment of Q. S. of Westmoreland County, Nov. T., 1919, No. 7, quashing indictment in the case of Commonwealth of Pennsylvania v. David Hamilton. Indictment for practicing medicine without a license in violation of the provisions of the Act of June 3, 1911, P. L. 639, as amended by the Act of July 25, 1913, P. L. 1220. Before McConnell, P. J. Rule to quash indictment. The opinion of the Superior Court states the case. The court quashed the indictment. Commonwealth appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
This case arises on the appeal of the Commonwealth from the action of the court of quarter sessions quashing an indictment against the defendant charging him with unlawfully, wilfully and knowingly engaging in the practice of medicine and surgery without first receiving a certificate of licensure from the bureau of medical education and licensure. The indictment was drawn under the Act of June 3,1911, as amended by the second section of the Act of July 25, 1913, P. L. 1220. The objections against the indictment were: (1) That the complaint was not made by the bureau of…
2Cases cited2 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- Commonwealth v. BarrSuperior Court of Pennsylvania · 1904
3Cited by3 opinions
- Commonwealth v. CohenSuperior Court of Pennsylvania · 1931
- Commonwealth v. AbellSuperior Court of Pennsylvania · 1920
- Dogs, Pennsylvania Department of Justice1922