Marshall v. State
| Decision Date | 12 May 1909 |
| Citation | 119 S.W. 310 |
| Parties | MARSHALL v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Wilson County Court; H. B. Gouger, Judge.
Tom Marshall was convicted of unlawfully practicing medicine, and he appeals. Reversed, and prosecution ordered dismissed.
F. J. McCord, Asst. Atty. Gen., for the State.
Appellant was convicted of unlawfully practicing medicine, and his punishment assessed at a fine of $100 and 90 days' imprisonment in the county jail.
The charging part of the indictment is as follows: "* * * In the county of Wilson and state of Texas, did then and there unlawfully engage in the practice of medicine upon a human being, to wit, upon Mrs. T. Duke, without first having registered in the office of the district clerk of the county of his residence his authority for so practicing medicine, as required by law. * * *" The Assistant Attorney General suggests that the indictment is defective on the ground that the indictment should have alleged that appellant practiced for hire; second, same should have stated county of residence of appellant and his failure to file certificate in said county. See Acts 30th Leg. p. 227, c. 123, § 13. We think the indictment is insufficient, as suggested by the Assistant Attorney General.
The judgment is accordingly reversed, and the prosecution ordered dismissed.
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