Whittaker

On December 21, 1966, petitioner Roger Whittaker was convicted by a jury in the Justice Court of the Redding Judicial District (Shasta County) of violating section 2141 of the Business and Professions Code, which provides in general that the practice of medicine without a valid, unrevoked physician’s certificate constitutes a misdemeanor. (See also Bus. & Prof. Code, §§ 2135, 2137. 2426.) On the same date petitioner George C. Stevenson, M.D., was convicted in the same court of the same crime as an aider and abettor. (See Pen. Code, § 31.) The convictions arose out of an operation performed by Dr. Stevenson during which Whit-taker acted as a surgical technician.

From the judgments of conviction, each petitioner appealed to the Superior Court of Shasta County. (See Cal. Const., art. VI, § 11; Pen. Code, §§ 1466-1469; Cal. Rules of Court, rules 181-191.) After a hearing before the presiding judge of that court, sitting alone, the judgments were affirmed on April 17, 1967. A petition for certification by the superior court that transfer of said eases to the Court of Appeal appeared necessary, was denied April 28, 1967. (See Pen. Code, § 1471; Cal. Rules of Court, rules 62, 63.)…