State v. Huxoll

Defendant was prosecuted by indictment, under section 8315, Revised Statutes 1909, for practicing medicine without a license from the State Board of Health. He was convicted and fined $50, from which he appeals.

The conviction cannot be permitted to stand for several reasons. One of which is that the State’s instruction defining the offense told the jury that they should find the defendant guilty if they believed from the evidence beyond a reasonable doubt that the defendant, for pay, treated the sick person, and, at the time of such treatment, if any, “had no license from the State Board of…