State v. Saak
Supreme Court of Missouri
Appeal from Warren Circuit Court. — Wow. James D. Barnett, Judge. (1) The indictment is defective in that it does not allege that the defendant was not registered as a physician or surgeon on or prior to March 12, 1901. This is a part of the act describing the offense and therefore should have been negatived in the information. This exact question was settled in this court in State v. Carson, 231 Mo. 1, which expressly approves State v. Hellscher, 150 Mo.
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Appeal from Warren Circuit Court. — Wow. James D. Barnett, Judge. (1) The indictment is defective in that it does not allege that the defendant was not registered as a physician or surgeon on or prior to March 12, 1901. This is a part of the act describing the offense and therefore should have been negatived in the information. This exact question was settled in this court in State v. Carson, 231 Mo. 1, which expressly approves State v. Hellscher, 150 Mo. App. 230. To the same effect see: State v. Hellscher, 156 Mo. App. 63; State v. Brand, 153 Mo. App. 27. (2) The information is defective…
1Opinion of the Court
WILLIAMS, C.
Upon an information charging him with a violation of section 8315, Revised Statutes 1909 (practicing medicine, etc., without a license), defendant was tried in the circuit court of Warren County, found guilty and his punishment assessed at a fine of fifty dollars. From that judgment defendant duly appealed to the St. Louis Court of Appeals where the judgment was affirmed.
The case was duly certified and transferred here by order of the St. Louis Court of Appeals because one of the judges thereof deemed the decision to be contrary to the decision in State v. Carson, 231 Mo. 1.
Because…
2Cases cited7 opinions
- State v. SmithSupreme Court of Missouri · 1911
- Huffman v. HuffmanSupreme Court of Missouri · 1909
- State v. O'BrienSupreme Court of Missouri · 1881
- State v. FlynnSupreme Court of Missouri · 1914
- State v. CarsonSupreme Court of Missouri · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. SettleSupreme Court of Missouri · 1932