State v. Hathaway
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) The second instruction given for the state is erroneous; it told the jury that the defendant must be found guilty without regard to the negative averments in the indictment. State v. Young, 36 Mo. App. 517. (2) The letter of August 25th purporting to come from Dr. Hathaway to Mrs. Eowley was improperly admitted in evidence because no evidence of his-handwriting was offered.
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Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) The second instruction given for the state is erroneous; it told the jury that the defendant must be found guilty without regard to the negative averments in the indictment. State v. Young, 36 Mo. App. 517. (2) The letter of August 25th purporting to come from Dr. Hathaway to Mrs. Eowley was improperly admitted in evidence because no evidence of his-handwriting was offered. (3) The act concerning the-practice of medicine and surgery passed April 2, 1883, is unconstitutional in so far as it authorizes the prosecution of a…
1Opinion of the CourtGantt, J.
This is a proceeding by information preferred in the circuit court of. Nodaway county by the prosecuting attorney. It charges that the. defendant at said county, on the first day of October, 1889, did unlawfully and willfully engage in the practice of medicine by publicly professing to be a physician and by then and there prescribing for one Olive A. Bowley, without being then and there authorized to practice as aforesaid by having a certificate as a physician duly issued to him by the board of health of the state of Missouri, and without having said certificate recorded in the county where…
2Cases cited10 opinions
- United States v. FerreiraSupreme Court of the United States · 1852
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- People v. PhippinMichigan Supreme Court · 1888
- State v. DentWest Virginia Supreme Court · 1884
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Meffert v. State Board of Medical Registration & ExaminationSupreme Court of Kansas · 1903
- People ex rel. State Board of Health v. ApfelbaumIllinois Supreme Court · 1911
- State v. KellyNew Mexico Supreme Court · 1921
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1908
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