Nelson v. State
Supreme Court of Alabama
Appeal from Pike Criminal Court. Tried before Hon. W. H. Parks. This prosecution was commenced by an affidavit,-which omitting formal parts charges, “that the offense of practicing medicine or surgery without a license has been committed in said county by Charles Nelson about the-day of June, 1892.” Demurrers were filed as follows: 1. There is no offense set out in the affidavit and complaint. 2. The affidavit fails substantially to follow the words of the statute. 3. The…
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Appeal from Pike Criminal Court. Tried before Hon. W. H. Parks. This prosecution was commenced by an affidavit,-which omitting formal parts charges, “that the offense of practicing medicine or surgery without a license has been committed in said county by Charles Nelson about the-day of June, 1892.” Demurrers were filed as follows: 1. There is no offense set out in the affidavit and complaint. 2. The affidavit fails substantially to follow the words of the statute. 3. The affidavit fails to aver that defendant practiced medicine or surgery without a certificate of qualification. insisted that…
1Opinion of the CourtColeman, J.
— We presume the complaint in this case was framed under section 4078 of the Criminal Code, as it is there written. That section makes it a violation of law to practice medicine “without having first obtained a license, or diploma or certificate of qualification,” &c. The complaint charges that the defendant practiced medicine “without a license.”
By act of the Legislature of February 18th, 1891, — Acts of 1890-91, p. 857 — section 4078 was amended so as to read as follows: “Any person practicing medicine or surgery in this State without having first obtained a certificate of qualification…
2Cases cited1 opinion
- Brooks v. StateSupreme Court of Alabama · 1889
3Cited by6 opinions
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Pacific Mut. Life Ins. v. CunninghamDistrict Court, S.D. Florida · 1932
- Harper v. StateAlabama Court of Appeals · 1924
- Jackson v. City of SylacaugaAlabama Court of Appeals · 1932
- Ex Parte WidemanSupreme Court of Alabama · 1925
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