People v. Bochner

Appellate Court of Illinois

People v. Bochner

161 Ill. App. 591, 1911 Ill. App. LEXIS 803

DecidedMay 26, 1911

StatusPublished

This text of 161 Ill. App. 591 (People v. Bochner) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bochner, 161 Ill. App. 591, 1911 Ill. App. LEXIS 803 (Ill. Ct. App. 1911).

Pincite

Opinion

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This appeal is from a judgment for the defendant rendered in an action in debt for the recovery of a penalty for selling medicine as an itinerant vendor, without first having secured a certificate from the State Board of Health as provided by section 8, paragraph 12, chapter 91 of “An Act to Regulate the Practice of Medicine in the State of Illinois.”

The section of the statute in question has since this appeal was perfected been declared to be unconstitutional, for the reason that the practical effect of the same, so far as patent or proprietary medicines are concerned, is to give druggists a monopoly of the sale of such medicines, the license fee required to be paid by itinerant vendors being so high as practically to prohibit them from engaging in such business. People v. Wilson, 249 Ill. 195.

The judgment is therefore affirmed.

Affirmed.

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