Dowell v. United States

CAYTON, Chief Judge.

A jury found Elizabeth Dowell guilty of the statutory offense of practicing the healing art without a license, Code 1940, § 2-101 et seq., and she has brought this appeal.

We direct our attention first to a part of the judge’s jury instructions which appellant says casts upon her an improper and excessive burden of proof in connection with her defense. The Government concedes that the instruction was erroneous and consents to a remand for a new trial. But despite such confession of error we must examine the question independently because “public interest prevents shifting…