State v. Dent
West Virginia Supreme Court
GeeeN, Judge, furnishes the following statement of the ease: At the November term, 1882, the grand jury of Preston county found an indictment in the circuit court of Preston against Prank M. Dent for practicing medicine in this State without having complied with the provisions oí section 9, of chapter 93 of the Acts oí 1882, in violation of section 15 of said act. The defendant moved to quash this indictment.
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GeeeN, Judge, furnishes the following statement of the ease: At the November term, 1882, the grand jury of Preston county found an indictment in the circuit court of Preston against Prank M. Dent for practicing medicine in this State without having complied with the provisions oí section 9, of chapter 93 of the Acts oí 1882, in violation of section 15 of said act. The defendant moved to quash this indictment. The motion, as is stated in the brief of the counsel for the plaintiff in error, was based solely on the ground that these sections 9 and 15 oí chapter 93 of the Acts of 1882 were…
1Opinion of the Court
G-REen, Judge :
The only question involved in this case is: Are sections 9 and 15 of chapter 93 of the Acts of 1882 constitutional? Ihave not examined critically the indictment to determine whether in form or in substance it -was fatally defective, because the counsel for the plaintiff in error in his brief expressly waives, as he states he did in the circuit court, all objections to such defects in form or substance in the indictment, if any such exist, and bases his claim to have the judgment of the circuit court reviewed solely on the ground that the indictment was based on an…
2Cases cited22 opinions
- Great Western Railroad v. BaconIllinois Supreme Court · 1863
- Ex parte YaleCalifornia Supreme Court · 1864
- Ex parte SpinneyNevada Supreme Court · 1875
- Porter & Co. v. StateSupreme Court of Alabama · 1877
- Sheldon v. ClarkNew York Supreme Court · 1806
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3Cited by40 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Vest v. CobbWest Virginia Supreme Court · 1953
- Harbert v. County Court of Harrison CountyWest Virginia Supreme Court · 1946
- Farley v. GraneyWest Virginia Supreme Court · 1960
- State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
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