Legal Opinion

Foo Lun v. State

Supreme Court of Arkansas

Decided December 9, 1907PublishedCited by 4 opinions

Appeal from Garland .Circuit Court; S. W. Leslie, Special Judge; statement by the court. The appellant was indicted in the Garland Circuit Court for practicing medicine without first having procured a certificate and license as prescribed by the statutes. John Montgomery testified for the State: “I went up and got some medicine from defendant, paid him, and he gave me a receipt.

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Appeal from Garland .Circuit Court; S. W. Leslie, Special Judge; statement by the court. The appellant was indicted in the Garland Circuit Court for practicing medicine without first having procured a certificate and license as prescribed by the statutes. John Montgomery testified for the State: “I went up and got some medicine from defendant, paid him, and he gave me a receipt. I was requested by the Medical Board to go there to get evidence, to see whether or not he was practicing medicine. He asked me my symptoms. He has an office something like a doctor’s room. This was in Garland County,…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Appellant asks for a reversal of this case because the court erred in giving to the jury over his objections instruction No. 3, as follows:

“3. You are further instructed that by the term of 'practicing medicine’ it is meant to charge a person who undertakes to consider the nature of the ailment of a patient and to prescribe for him a remedy therefor; and if you find from the evidence in this case that defendant examined into or in any manner considered the physical ailments as represented to him by the witness Montgomery, and prescribed or attempted to…

2Cited by4 opinions

  1. State v. DoranSouth Dakota Supreme Court · 1912
  2. State v. GallagherSupreme Court of Arkansas · 1912
  3. Williams v. StateSupreme Court of Arkansas · 1911
  4. Reeves v. StateCourt of Criminal Appeals of Oklahoma · 1927

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