Commonwealth v. Clymer

Citations

• 30 Pa. Super. 61
• 1906 Pa. Super. LEXIS 15

Syllabus

<p>Constitutional law — Title of act — Practice of medicine — License—Act of May 18, 1893, P. L. 94 — Criminal law.</p> <p>The Act of May 18,1893, P. L. 94, entitled “An Act to establish a Medical Council, and three State Boards of Medical Examiners, to define the powers and duties of said Medical Council and said State Boards of Medical Examiners, to provide for the examination and licensing of practitioners of medicine and surgery, to further regulate the practice of medicine and surgery, and to make an appropriation for the Medical Council,” is constitutional, and gives sufficient notice of the provision contained in sec. 14 of the act making a violation of the provisions of the act relating to the practice of medicine without a license, a misdemeanor.</p> <p>On a prosecution for practicing medicine without a license, a clerk in the office of the state superintendent of public construction may testify that he had examined the record of the state medical council, and that he had not found the defendant registered therein; and this is especially the case where the record produced from the office of the prothonotary shows that none of the papers filed by the defendant for the purpose of registration was a license issued by the Medical Council of the state, and that in the affidavit filed by the defendant in the prothonotary’s office the clauses of the blank relative to the state license had been all erased.</p> <p>In a prosecution for practicing medicine without a state license, it is not necessary for the court to instruct the jury as to the law of costs in case of acquittal.</p>