State v. Hathaway
Decision Date | 20 March 1893 |
Citation | 21 S.W. 1081,115 Mo. 36 |
Parties | STATE v. HATHAWAY. |
Court | Missouri Supreme Court |
C. M. Napton, for appellant. R. F. Walker, Atty. Gen., for the State.
This is a proceeding by information preferred in the circuit court of Nodaway county by the prosecuting attorney. It charges that the defendant, at said county, on the 1st day of October, 1889, did unlawfully and willfully engage in the practice of medicine by publicly professing to be a physician, and by then and there prescribing for one Olive A. Rowley, without being then and there authorized to practice as aforesaid by having a certificate as a physician duly issued to him by the board of health of the state of Missouri, and without having said certificate recorded in the county where defendant resided. The information duly negatived the fact that defendant had practiced medicine five years prior to July 1, 1883; and that he was a student prescribing under a preceptor, or that his medical services were rendered gratuitously, in an emergency, or that he was a surgeon of the United States army or navy, or the marine hospital service. Defendant moved to quash the information, because the information was not duly verified, that it stated no offense, and that the law upon which it is based is unconstitutional. The motion was overruled, and the cause tried to the court without a jury, the jury having been waived. The testimony shows that the defendant was located at the Linville Hotel, in the city of Maryville, in the county of Nodaway, Mo., in the summer of 1889, engaged in the practice of medicine. He had his professional card or advertisement published in the Maryville Republican, a newspaper printed and published in said city and county, and had an office at the Linville Hotel, where he consulted with and prescribed for patients. Mrs. Olive A. Rowley, having seen his advertisement in the paper, and being afflicted with diseased hands, on the 24th day of August, 1889, in company with her husband, went and called for defendant at said hotel. Defendant appeared at the door, and was asked by Mr. Rowley if he was Dr. Hathaway. He replied that he was, and asked them into his office. They went in, and consulted with defendant with regard to Mrs. Rowley's diseased hands, and the treatment they should have. Defendant examined Mrs. Rowley's hands, and pronounced the disease eczema. He said he thought he could cure the disease but it would take some time. Mr. Rowley proposed that he would pay him if he succeeded in curing the disease, but the defendant declined the proposition, saying that he did not practice in that way; that he had $10 a visit. He then prescribed for Mrs. Rowley's hands, — that is, told them what to do, — and said that he would send them some medicine to be used, from St. Joseph. Mr. Rowley paid him for this consultation and prescription $10 at this time. On the 25th or 26th of August, the medicines were expressed from St. Joseph to Mrs. Rowley. Defendant continued treating Mrs. Rowley's hands until some time in October following. Defendant did not offer any evidence in the trial. The court instructed as follows: The defendant thereupon asked the court to declare the law of the case as follows, to-wit: The court refused No. 1; gave No. 2 as prayed, and modified No. 3 so as to make it read as follows: Whereupon the court sitting as a jury, after hearing the evidence,...
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