Blasdell v. State

Citations

• 5 Tex. Ct. App. 263

Syllabus

<p>Ineormation-—Illegal Practice oe Medicine.—If there be exceptions contained in the same clause of an act which creates the offence, the indictment must show, negatively, that the defendant, or the subject of the indictment, does not come within the exceptions. But if an exception or proviso be in a subsequent clause or statute, or, although in the same section, if it be not incorporated with the enacting clause by any words of reference, it is in that case matter of defence, and need not be negatived in the pleading. The provisos of “An act to regulate the practice of medicine” (Gen. Laws 1876, p. 231), are not properly exceptions, and need not he negatived in an information.</p>