A Digest of the Case Law On the Statutory Regulaton of the Practice of Medicine
A Digest of the Case Law On the Statutory Regulaton of the Practice of Medicine
American Medical Association Bureau of Legal Medi
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Law, "Evidence. " 79. People v. Dudenhausen, 115 N. Y. Supp. 374. 196 In the same way in those jurisdictions which consider each person treated as a distinct violation of the law it would be improper to admit, under an indictment charging an accused with unlawfully practicing medicine without a license and naming a specific person treated, evi- dence of treatment- of others than the one named. 80 While in those jurisdictions in which the unlawful practice of medicine without a license is consid...ered in the nature of a continuing offense it would seem entirely competent to admit testimony as to any person treated up to the time the indictment was drawn. Under this rule it will be seen that each treatment is not considered separately, but all are taken as going to show the unlawful act, and perhaps as constituting a general plan or design. 81 Especially would this be true under a statute which makes the "continued practice" without a license unlawful. With such a pro- vision it would seem absolutely essential to show that more than one person was treated.
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