Ryan

This is an appeal taken by the People of the State of California from an order dismissing an action pursuant to section 1008 of the Penal Code, upon the failure of the district attorney to amend an information for misdemeanor, to wit, violation of Me,dical Practice Act (Stats. 1913, p. 722), filed against the defendant, to which information a demurrer had been sustained.

Upon this appeal this court has power to review the order sustaining the demurrer. (People v. Apple, 57 Cal. App. 110 [ 206 Pac. 487 ].)

The portion of the information material here is: “The said Al Rhyan, on or about the 5th day of July, 1921, at and in the county of Santa Cruz and State of California, and before the filing of this information, Ayillfully and unlawfully did practice, attempt to practice and advertise and hold himself out as practicing a system or mode of treating the sick and afflicted in this state, without having at the time of so doing a valid unrevoked certificate from the Board of Medical Examiners of the State of California . . . ” The trial court sustained the demurrer upon the ground- that the information did not state a public offense, because it did not allege that the sick and…