Whitlock v. Commonwealth

Citations

• 89 Va. 337
• 15 S.E. 893
• 1892 Va. LEXIS 106

Syllabus

<p>1. Indictment—Physician—Without license.—It is sufficient if words used in indictment are equivalent to those employed in the statute describing the offense; and to charge a person with “practicing medicine ” is equivalent, under Acts 1883-84, p. 597, § 92, to charging that he “ practiced as a physician ” without having a license.</p> <p>2. Idem—Compensation.—It is immaterial that indictment charging a person with practicing as a physician without license failed to charge that he did so for compensation, under Code, § 534.</p> <p>3. Evidence.—Where, in such a prosecution, the offense charged was within one year and the jurisdiction of the court, it is allowable to prove that defendant treated professionally a family other than that of the informing witness.</p> <p>4. Instructions—Harmless error.—Where, in such prosecution, the court instructs the jury that the case is governed by Code, § 574, and the jury assesses the fine at $30 only—</p> <p>Held :</p> <p>The instruction, though erroneous, does not prejudice the defendant.</p>