State v. Tucker
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. ITon. Jno. L. Buckley, Judge. Prom a demurrer' sustaining an indictment against J. N. Tucker, tlie state appeals.
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Appeal from the circuit court of Lauderdale county. ITon. Jno. L. Buckley, Judge. Prom a demurrer' sustaining an indictment against J. N. Tucker, tlie state appeals. Tke facts are fully stated in the opinion of the court. 1st: Is the indictment insufficient in that it fails to state that the defendant had not been examined? 2nd: Are the sections of the Code upon which the indictment is founded, unconstitutional? It is primary learning that by his demurrer the defendant admits as true every material allegation of the indictment. This being true, the defendant admits that (a) he recommends,…
1Opinion of the CourtReed, J.
The indictment in this case is under section 1334 of the Code of 1906, prohibiting the practice of professions without license, and prescribing a penalty therefor. Dr. J. N. Tucker was indicted for practicing as a physician without a license as required by law. It is claimed that the indictment is not sufficient, because it fails to contain the following words of the statute: “Without having first been examined and obtained a license as required by law.” The indictment charged that he “did unlawfully practice as a physician . . . and did not "then and .there have a license so to do.” This is…
2Cited by2 opinions
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- Harris v. StateMississippi Supreme Court · 1957