State v. Evertz
| Citation | 190 S.W. 287 |
| Decision Date | 06 December 1916 |
| Docket Number | No. 19468.,No. 19467.,19467.,19468. |
| Parties | STATE v. EVERTZ (two cases). |
| Court | Missouri Supreme Court |
Appeal from St. Louis Court of Criminal Correction; Calvin N. Miller, Judge.
Oscar Evertz was convicted of a misdemeanor, consisting of holding himself out as a physician and offering to treat the sick without a license, and he appeals. Transferred from the St. Louis Court of Appeals (181 S. W. 1055). Case ordered retransferred to the Court of Appeals.
Charles J. Maurer and W. A. Carter, both of St. Louis, for appellant. John T. Barker, Atty. Gen., and Lee B. Ewing, Asst. Atty. Gen. (James V. Billings, of Jefferson City, of counsel), for the State.
The information herein is drawn upon section 8315, R. S. 1909, which charges a misdemeanor in that defendant treated the sick, or held himself out as a physician and offered to treat the sick, without a license. The only ground upon which this court can exercise jurisdiction in this case is that preserved in the defendant's motion for a new trial to the effect that the statute upon which this proceeding is based is in conflict with the state and federal Constitutions, in that it deprives the defendant of liberty, life, and property without due process of law.
Prior to the rendition of the verdict and the filing of defendant's motion for a new trial in the instant case, section 8315, supra, was carefully reviewed by this court in State v. Smith, 233 Mo. 242, 135 S. W. 465, 33 L. R. A. (N. S.) 179, in which it was held, in a proceeding similar in all of its material features to that of the case at bar, that the statute was a proper exercise of the state's police power in the regulation of the public health, and hence did not violate either the state or federal Constitution. A like conclusion must therefore follow in the instant case.
Jurisdiction cannot be conferred upon this court by the introduction into the proceedings and saving in the record of a constitutional question when the same has heretofore been determined in a former case. State v. Campbell, 214 Mo. 362, 113 S. W. 1081; Richmond v. Creel, 253 Mo. 256, 161 S. W. 794; State v. Finley, 259 Mo. 422, 168 S. W. 921; Schmidt v. United Order, 259 Mo. 497, 168 S. W. 626.
From all of which it follows that this case must be transferred to the St. Louis Court of Appeals; and it is so ordered. All concur.
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