Territory of New Mexico v. Lotspeich

Citations

• 14 N.M. 412

Syllabus

<p>SYLLABUS' (BY THE COURT).</p> <p>1. Under the medicine practice act of 1903, (Laws of 1903 C. 40), practice of medicine consists, either (a) in opening an office for such practice or (b) in announcing to the public in some other way, a general desire, willingness or readiness to treat the sick or afflicted or investigate or diagnose the ailments of such, or (c) to suggest, recommend, prescribe or direct for the use of any specified person, any drug, medí, cine, appliance or other agency for the cure of mind or 'body, after having received or with intent to receive therefor any bonus, gift or compensation.</p> <p>2. Under the first two subdivisions of the statute the actual -treatment of any person need not be alleged'or proved, nor is the receipt of compensation an element.</p> <p>3. Under the third subdivision it is necessary to allege and prove treatment, or prescription for some -specified person and for pay.</p> <p>4. Under the third -sub division, it is not necessary that the compensation • for the treatment come from the party treated. It is sufficient should it be received or the services be rendered with intent to receive it from a third party.</p> <p>The facts are stated in the opinion.</p>