Legal Opinion

Ex parte Smith

Supreme Court of Alabama

Decided June 30, 1913PublishedCited by 3 opinions

Certiorari to Court of Appeals. J. J. Smith was convicted of treating diseases without having obtained the certificate required by section 1627, Code 1907, and he appeals to the Court of Appeals, which court affirmed the judgment of the lower court, and he brings certiorari to review such judgment. The agreed statement of facts will be found in the opinion in the case of Smith v. State, 8 Ala.

Read the full summary

Certiorari to Court of Appeals. J. J. Smith was convicted of treating diseases without having obtained the certificate required by section 1627, Code 1907, and he appeals to the Court of Appeals, which court affirmed the judgment of the lower court, and he brings certiorari to review such judgment. The agreed statement of facts will be found in the opinion in the case of Smith v. State, 8 Ala. App. 352. The prosecution was begun by affidavit and warrant, in the language of form 84, section 7161, Code 1907. Counsel begin by quoting froih Matthew, 9th chapter, verses 20 to 22, Acts, chapter 14,…

1Per curiam

— We are of the opinion that the agreed statement of facts brought the appellant within the influence of sections 1627 and 7564 of the Code of 1907, and the certiorari to review the action of the Court of Appeals is denied.

The defendant also seeks a writ of error, as provided by the act of 1911, authorizing a review by this court of the action of the Court of Appeals in upholding the constitutionality of the foregoing statutes. We are of the opinion that the Court of Appeals correctly held that the statute was not violative of the federal or state Constitutions, in so far as it was applicable…

2Cited by3 opinions

  1. Williamson v. StateAlabama Court of Appeals · 1918
  2. Whitehead v. CokerAlabama Court of Appeals · 1917
  3. McLosky v. StateAlabama Court of Appeals · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API