Rinker

Respondent Board of Medical Examiners of the State of California, after a hearing upon charges of unprofessional conduct, ordered the revocation of petitioner’s license as a physician and surgeon. Petitioner sought a writ of mandate in the superior court- to compel the board to reinstate him. An alternative writ was issued and after a court trial judgment was entered discharging the alternative writ and denying relief to petitioner. From this judgment petitioner has appealed.

By stipulation of the parties the matter was submitted to the superior court upon a transcript of the evidence received by respondent board. Petitioner now contends that the evi denee is insufficient to establish jurisdiction in the board to revoke the license. Petitioner was charged with unprofessional conduct in two counts. In the first count it is charged that in May, 1942, petitioner did “. . . offer, agree, attempt, and did provide, supply, administer, procure, use and employ an instrument or substance or other means upon the person of one Pauline Shafer, a woman, with the wilful, unlawful and felonious intent then and thereby to procure a miscarriage of said Pauline Shafer, a woman, said use and…