Dee v. State

Citations

• 68 Miss. 601

Syllabus

<p>1. Criminal Law. Indictment. Statutory offense. Description.</p> <p>Where the words of a statute creating an offense are descriptive of it, an indictment under the statute should follow the language and expressly charge the described offense on the defendant or it will be defective.</p> <p>2. Same. Practicing medicine without license. ' Laws 1882, p. 33. Indictment.</p> <p>The act of 1882 forbids any one without license to practice medicine, and declares that “practice medicine” shall mean to prescribe for the use of any person any drug, medicine or other agency for the cure on- palliation of any disease of mind or body, or for the cure or relief of wound, injury or deformity, for compensation. An indictment alleging that the defendant did “wilfully and unlawfully for gain, practice and prescribe various medicines, .... and did dose, administer and apply said medicines to the good people of Tunica county, without having any license so to do, .... contrary to the statute,” etc., charges no offense and will be quashed.</p> <p>3. Same. Requisites of indictment. Act of 1882.</p> <p>An indictment under this statute should charge that the defendant did practice medicine by doing what the act says it shall consist in, following the statute as far as applicable so as to bring the charge clearly within it.</p>