State v. Hanover

Citations

• 55 Wash. 403
• 104 P. 624
• 1909 Wash. LEXIS 772

Syllabus

<p>Criminal Law — Statutes—Repeal—Effect on Pending Prosecution. The repeal of the act of 1890, § 8, relating to the practice of medicine without a license, by the act of 1909, p. 677, without any saving clause for the prosecution of offenses committed under the old law, bars pending prosecutions, and a conviction thereunder is error (Reversed on rehearing).</p> <p>Criminal Law — Statutes—Repeal—Effect on Pending Prosecution. The saving clause in Laws 1901, Ex. Ses., p. 13, providing that no pending prosecution for any offense shall be affected by any repeal of a criminal or penal statute, unless the contrary intention is expressly declared in the repéaling act, is constitutional; and a pending prosecution for practicing medicine without a license, is not affected by Laws 1909, p. 677, repealing former laws before trial and .conviction of the accused.</p> <p>Physicians and Surgeons — Practicing Without License — Evidence — Two Offenses. A conviction for practicing medicine without a license cannot be objected to in that there were two forms of offense proven, where there was no attempt to charge more than one crime, and the testimony as to the several indicia of practicing was merely evidentiary; especially where the only objection to such evidence was that it was immaterial and the accused admitted that he had no license.</p> <p>Appeal — Briefs—Assignment of Error. Objection to the sufficiency of the information made upon oral argument will not be considered where it was not assigned as error in the brief.</p>