Commonwealth v. Hamilton

Citations

• 74 Pa. Super. 419
• 1920 Pa. Super. LEXIS 167

Syllabus

<p>Criminal law — Practicing medicine without a license — Act of June 8,1911, P. L. 639 — Act of July 25,1918, P. L. 1220 — Prosecution — Procedure.</p> <p>A prosecution under tbe Act of June 3, 1911, P. L. 639, as amended by section 2 of tbe Act of July 25, 1913, P. L. 1220, is not required to be brought by the Bureau of Medical Education and Licensure, conducted by the attorney general or his special attorney. As a general rule every person who is capable of taking an oath in a court of justice is competent to become a prosecutor, and there is nothing- in the language of the act which expressly limits the prosecution for the violation to the first section of the Act of June 3,1911, P. L. 639, to the Bureau of Medical Education and Licensure. The word “procedure” as used in the act must be deemed to mean the conducting- of the case. But the act does not confer upon the Bureau of Licensure or the attorney general exclusive power to bring the prosecution. An indictment duly signed by the district attorney, therefore, is properly drawn, and sufficient authority on which to base a prosecution.</p>