Bush, presiding. Filed under the provisions section the criminal code. Exceptions sustained. Opinion Hon.
Justice Ryan The mateiial parts the indictment upon which the defendant was tried were in the following language That Ezra Buswell, late the county aforesaid, the first day September, in the year our one thousand eight hundred and ninetyone, in the county Grage.
and State Nebraska aforesaid, then and there an illiterate man and unskilled in the art and faculty medicine and surgery, and devising and cheap custom term paper intending divers unlawful means falsely, unlawfully, craftily, and wickedly deceive and defraud the people and citizens said county their goods, chattels, and money, essay writer cheap maintain his dishonest course living, the first day September, help writing college essay in the year our online proofreading course one thousand eight hundred and ninety-one, and thence continually until the finding this indictment, to-wit, for the help write my dissertation space phd no dissertation eighteen months, at divers professional college paper writers places in said county, falsely and unlawfully did assume upon himself execute, exercise and occupy the art, faculty, and science a physician and surgeon, and did then and there profess heal and otherwise treat sick persons their physical and mental ailments, and did then and there falsely and fraudulently as a physician and pretended healer sick persons attend sick persons and persons with various infirmities, diseases and wounds, and treat them and profess heal them in the city Beatrice and divers other places in said county, the said Ezra Buswell never having been a graduate from any medical college nor had a diploma from any medical college, as required law, practice medicine in said state, nor had a certificate from the State Board Health said state entitling him practice medicine or surgeryor otherwise treat or profess heal physical or mental ailments, nor had complied with the law in any respect as entitle him practice medicine or surgery or treat in any manner physical or mental ailments, nor had confined himself pay someone to write a paper administering gfatutious services in ease emergency or the administering ordinary household remedies. The defendant was acquitted and the case brought this court underthe provisions sections, the criminal code.
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To a compliance our part with the provisions the sections just referred necessary only consider the sixth instnu'tion iveii at the request the defendant.
This instruction was in the following huifjuapfe The jury are instructed, as a matter law, that manifest from the law under which defendant indicted that the object the Lepfislature in the enactment thereof was only provide for the rep ulation the practice 'medicine, surji ery, and obstetrics, as these terms are pjenerally understood and unless you lielieve from the evidence, and beyond a reasonable doubt, that the defendant within the time mentioned in the indictment practiced medicine, surgery, and obstetrics, as these terms are usually and generally understood, then you will find the defendant not guilty. The law which reference was made in the instruction found in chapter.T the Laws !. The act constituting chapter aforesaid was entitled An act establish a State Board Health regulate the practice medicine in the State Nebraska, etc. Section thereof was as follows. Any person shall regarded as practicing medicine within the meaning this act who shall operate profess heal, or prescribe for or otherwise treat any physical or mental ailment another but nothing in this act shall construed prohibit gratuitous services in case eraergencj and this act shall not apply commissioned surgeons in the European Union army and navy, nor nurses in their legitimate occupations, nor the administration ordinary household remedies.
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The other provisions the act are, for our purpose, sufficiently indicated in the language already quoted from the indictment.
The instruction complained required, as an indispensable prerequisite a conviction, that the jury should find that the defendant within the time mentioned in the indictment had practiced medicine, surgery, or obstetrics, as those terms are usually and generally understood.
Governed this instruction, the jury could not otherwise than acquit, for there was no proof meet its requirement.
hether or not the instruction was proper in view the evidence adduced, IS the sole question presented for our determination. It conceded that the perfect toleration religious sentiment and the enjoyment liberty in all religious matters paramount importance, and lest the contention the defendant may misunderstood or imperfectly -Stated in our own language, that contained in the brief filed behalf the defendant will freely used. Such evidence as was in that brief deemed sufficient illustrate the argument for defendant, was as follows Kichard Walthers testified that his brother's boy came home from Florida in September. IS'y that there were running sores his legs caused rheumatism, and that could not alk except the aid crutches that after the defendant had seen him, about essay writing services legal two weeks after the boy came back, laid aside his crutches and walked the aid a cane, and after using that for awhile, threw away and walked as other boys James Ellerbeck testified having been bitten a rattlesnake, and that at once sought the defendant and asked him for help. After talking with the defendant at the hospital rooms, they went Kev. Buswell's house, and what took place there best told in the language the witness himself A. T!ie pain ceased after his treatment, and after driving his house.seemed get worse until about o'clock. He talked the write my biology paper bible and different subjects in the bible, and about o'clock said would treat again. I laid down a lounge and sat down and put his haiids over his face and was in that position maybe ten or fiften minutes and all at once I felt come right througli and raised and I sat the lounge and I told him I had wakened and from that time I had no more pain, only there was one or two minutes when I first got and put my tVet the tioor that the stiffness seemed hard for a few minutes.