Lockhart v. State

• Decision Date: 26 January 1910
• Citation: Lockhart v. State, 124 S.W. 923, 58 Tex. Cr. R. 80 (Tex. Crim. App. 1910)
• Parties: LOCKHART v. STATE.
• Court: Texas Court of Criminal Appeals

124 S.W. 923

LOCKHART v.STATE.

Court of Criminal Appeals of Texas.

January 26, 1910.

Appeal from Cherokee County Court; R. L. Robinson, Judge.

J. J. Lockhart was convicted of unlawfully practicing medicine, and appeals.Reversed, and cause dismissed.

Norman & Shook, for appellant.John A. Mobley, Asst. Atty. Gen., for the State.

McCORD, J.

Appellant was tried in the court below for unlawfully practicing medicine.A jury being waived, the case was tried before the court, appellant convicted, and the punishment assessed at $50 fine and one day imprisonment, from which he has appealed to this court, and seeks a reversal on the ground that the bill of indictment charges no offense against the law.

The indictment charges that appellant, on or about the 15th day of May, 1909, and anterior to the presentment of the indictment, in the county of Cherokee and state of Texas, did unlawfully engage in the practice of medicine for pay and as a regular practitioner of medicine in its various branches and departments, and as such practitioner did prescribe for and visit patients professionally, to wit, did prescribe for and visit one Mollie Hunt without having first filed for record with the clerk of the district court of said county a verification license, and without having filed for record with the clerk of the said district court any license issued by some authorized board of medical examiners.

Appellant, in the court below, moved to quash the indictment because it failed to allege that appellant had not filed a verification license with the clerk of the district court of the county where he resided, and failed to allege that appellant resided in the county of Cherokee.Section 4, c. 123, of the Acts of the 30th Legislature, regulating the practice of medicine, provides that after the...