Ex parte Berry
This text of 57 P. 1102 (Ex parte Berry) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
The petitioner was, on September 12, 1898, committed to await the action of the grand jury for the crime of “itinerantly vending medicine without a license,” in violation of the provision of section 11 of the act of 1889, entitled “An act to regulate the practice of medicine and surgery in the State of Oregon,” as amended by the act of 1891. He subsequently applied to be discharged under a writ of habeas corpus, but. was remanded to the custody of the defendant, from which judgment he appeals. The questions presented in the appeal are identical with those in the case of Ex parte Ferdon, 35 Or. 171, with the exception that the petitioner was a regularly licensed phy[600]*600sician, and entitled to practice medicine and surgery in the state as such. But the case is ruled by the Ferclon Case, and for the reasons there given, the judgment is reversed and the case remanded with directions to discharge the petitioner. Reversed.
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Cite This Page — Counsel Stack
57 P. 1102, 36 Or. 599, 1899 Ore. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-berry-or-1899.