Whitlow

Appeal from a judgment directing the Board of Medical Examiners to vacate its order revoking petitioner’s license to practice medicine, to reconsider his ease, and to receive and consider additional evidence.

On March 19,1951, the Board of Medical Examiners revoked the license of Joseph Edwin Whitlow to practice medicine. Whitlow was not represented by counsel in the proceeding. The board found that Whitlow had been convicted of three violations of section 11.165 of the Health and Safety Code in the Superior Court of the County of Ventura, thereby subjecting him to discipline under section 2384 of the Business and Professions Code, and that, he had violated section 11163 of the Health and Safety Code in that he had issued prescriptions for narcotics to certain individuals not in the regular course of his practice, thereby subjecting him to discipline under section 2391.5 of the Business and Professions Code.

Whitlow then sought a writ of mandate in the Superior Court of the County of Los Angeles. While that proceeding was pending before Judge Alfred L. Bartlett the Superior Court of the County of Ventura vacated the judgment of conviction of violating section 11165. This order…