Legal Opinion

State v. Smith

Supreme Court of Missouri

Decided March 7, 1911PublishedCited by 50 opinions

Appeal from Webster Circuit Court. — Row. Geo. H. Williams, Judge. (1) The information is fatally defective in that it does not state that defendant Smith does not belong to one of the classes not included in the operation of the law. State v. Hamlett, 129. Mo. App. 70'; State v. Connor, 142 N. C. 700; State v. Carmody, 50 Ore. 1; Marshall v. State, 119 S. W. (Tex.)'310. (2) The statute contemplates nothing but medicine and surgery.

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Appeal from Webster Circuit Court. — Row. Geo. H. Williams, Judge. (1) The information is fatally defective in that it does not state that defendant Smith does not belong to one of the classes not included in the operation of the law. State v. Hamlett, 129. Mo. App. 70'; State v. Connor, 142 N. C. 700; State v. Carmody, 50 Ore. 1; Marshall v. State, 119 S. W. (Tex.)'310. (2) The statute contemplates nothing but medicine and surgery. State v. Biggs, 133 N. C. 729; State v. Liffring, 61 Ohio 30; Nelson v. State Board, 22 Ky. L. Rep. 438; 'Hayden v. State, 88 Miss. 281; State v. McKnight, 131 N.…

1Opinion of the CourtFerriss, J.

This is an appeal from "Webster county, where the defendant was convicted of the offense of treating and attempting to treat the sick and afflicted without first having obtained a license from the State Board of Health. Has punishment was assessed at a fine of fifty dollars. The case reaches this court by transfer from the Springfield Court of Appeals, upon a constitutional question.

The information upon which the defendant was tried reads as follows: “J. E. Haynes, prosecuting attorney, duly elected, commissioned, sworn, qualified, installed, and acting as such in and for said county of…

2Cases cited18 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Minnesota v. BarberSupreme Court of the United States · 1890
  3. Brimmer v. RebmanSupreme Court of the United States · 1891
  4. Booth v. IllinoisSupreme Court of the United States · 1902
  5. Parks v. StateIndiana Supreme Court · 1902

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3Cited by50 opinions

  1. Cohen v. PoelkerSupreme Court of Missouri · 1975
  2. Commonwealth v. ZimmermanMassachusetts Supreme Judicial Court · 1915
  3. State v. ArmstrongIdaho Supreme Court · 1923
  4. People v. LoveIllinois Supreme Court · 1921
  5. Davis v. BeelerTennessee Supreme Court · 1947

45 more not listed; retrieve them via the Exa API.

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