Fuller

By a complaint regularly made and issued, Dr. George W. Fuller was cited before the Board of Medical Examiners, charged with unprofessional conduct, in violation of section 14 of the state Medical Practice Act. Issue was joined by the filing of an answer to the complaint, and the hearing thereon proceeded. The Board of Medical Examiners found against petitioner, and revoked his license to practice medicine and surgery in this state.

On certiorari, the superior court rendered judgment modifying the judgment and order of the Board of Medical Examiners by striking therefrom that portion revoking petitioner’s license, and inserting in the judgment in lieu thereof the following:

As so modified, the superior court affirmed the order and judgment of the Board of Medical Examiners.

From such modified affirmance of its order the Board of Medical Examiners prosecuted an appeal, assailing the judgment on the ground that the superior court had no jurisdiction to substitute a new and different penalty in the place and stead of that pronounced by the board. Dr. George W. Fuller, the petitioner in the lower court, has appealed from that portion of the judgment which affirmed the order of the…