Masters

The respondent was suspended and his dental license revoked by judgment of the Board of Dental Examiners of California. This judgment was annulled by the Superior Court of San Diego County on writ of review from which order the Board of Dental Examiners has appealed. Defendant was found guilty under the second and third counts.

The respondent challenges the sufficiency of the second count to state a cause for suspension and revocation of license. The superior court rendered judgment “that count two of the accusation against petitioner does not state facts sufficient to constitute unprofessional conduct or any offense under the dental law of California”. It reads as follows:

As a matter of pleading we think the complaint is sufficient. It alleges in effect that a corporation did practice dentistry by offering to perform operations or treatment of diseases or lesions of the human teeth, alveolar process, and gums, etc., through its agents, for a fee. “A person practices dentistry within the meaning of this act who . . . (3) in any way indicates that he will perform by himself or his agents or servants any operation upon the human teeth, alveolar process, gums or jaws ...” (Dental…