Durston and Fleming v. State

MORROW, Judge.

Appellants were each convicted of a misdemeanor and each fined $50. They were charged under article 756, Penal Code, for unlawfully practicing medicine; that is to say, not complying with the requisites of the statute, article 750, with reference to obtaining a license.

The information charges the offense jointly against both appellants and its legality is challenged upon this ground. It is not criminal to practice medicine, but it is unlawful to do so for pay without obtaining a license. A license authorized is personal to the individual. His practicing without obtaining it is…