White v. Lapeer Circuit Judge

Michigan Supreme Court
White v. Lapeer Circuit Judge, 133 Mich. 93 (Mich. 1903)
94 N.W. 601; 1903 Mich. LEXIS 463

White v. Lapeer Circuit Judge

Opinion of the Court

Per Curiam.

One A. H. Wesley was arrested, tried, and convicted of unlawfully practicing medicine contrary to Act No. 237, Pub. Acts 1899. He took an appeal to the circuit court. The respondent quashed the proceedings on account of a defective complaint. The relator now asks for the writ of mandamus to compel the respondent to vacate that order and to proceed with the trial.

It is alleged -that the complaint is defective, in that it is general in its terms, is stated in the language of the statute, and does not specify the particular acts or means by which the defendant in that .suit practiced medicine. This precise question was before the court, under a similar statute, in People v. Phippin, 70 Mich. 6 (37 N. W. 888). We there held the complaint sufficient.

The writ will issue.

Reference

Full Case Name
WHITE v. LAPEER CIRCUIT JUDGE
Cited By
2 cases
Status
Published