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· 2/24/1905

Territory of New Mexico v. Newman

Citations

  • 13 N.M. 98

Syllabus

<p>SYLLABUS.</p> <p>Criminal law; constitutional law;- class legislation.</p> <p>1. In the trial of one charged with practicing medicine without having obtained a license, as required by Chapter 40 of the Session Laws of 1903, an instruction to the jury that there was no evidence to justify conviction on the first and third sub-divisions of Section 6 of said act, as made by the court for the purpose of a trial, and that they should consider only the evidence bearing on the second sub-division, was sufficiently favorable to the defendant.</p> <p>2. The defendant was not entitled to have the jury instructed to return a verdict of not guilty on the ground that there was no evidence to show that he had at any time engaged, or offered to engage in the practice of medicine.</p> <p>3. Chapter 40 of the Session Laws of 1903, is not class legislation within the meaning of the 14th amendment of the constitution of the United States.</p>

Judges: Abbott, Below, Having, Mann, McFie, Mills, Parker, Pope

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