74 Pa. Super. 419 | Pa. Super. Ct. | 1920
Opinion by
This case arises on the appeal of the Commonwealth from the action of the court of quarter sessions quashing an indictment against the defendant charging him with unlawfully, wilfully and knowingly engaging in the practice of medicine and surgery without first receiving a certificate of licensure from the bureau of medical education and licensure. The indictment was drawn under the Act of June 3,1911, as amended by the second section of the Act of July 25, 1913, P. L. 1220. The objections against the indictment were: (1) That the complaint was not made by the bureau of medical education and licensure, or by its direction. (2) That the indictment was signed by the district attorney of the county and not by the attorney general or special attorney, or both. The facts alleged in the indictment constitute a misdemeanor under the first section of the Act of 1911, and the indictment charging the offense is in proper form unless the contentions of the defendant are correct. The objections are based on a paragraph’ in the second section of the amended act which is in the following words: “It shall be the duty of the bureau to enforce all the requirements of this act. In cas’d of vio
The second question arises under the use of the word “procedure.” In the statute this is said to be through the office of the attorney general, but if the word is to be given its widest significance, this would include the whole of the case, including the pleading, evidence, and practice,, and that could certainly not have been the thought of the legislature. The procedure in a criminal case is largely conducted by the trial judge. The form of the pleading, competency of evidence, the nature of the judgment, are all under the supervision and control of that tribunal. It is not the function of the prosecuting officer to control or determine on these subjects. It is said in Bishop on Criminal Procedure that the
It is worthy of consideration, too, that that part of the section in question is open to the inquiry whether the discretion of the bureau relates to the employment of the services of the attorney general’s office or of a special attorney in all cases, or only when that board deems it necessary or desirable; in all other instances leaving the conduct of the case to the district attorney as in other criminal cases. It is unnecessary to enter into a discussion of this feature of the ease, however, in view of the conclusion which we reached on the other points. We are unable to hold with the court that the prosecution of a violation of the act can only be instituted by the bureau of medical education and licensure, and that such a case can only be maintained on an indictment signed by a person selected by that bureau.
The order of the court of quarter sessions quashing the indictment is reversed, and the record remitted with a procedendo.