People v. Chow Juyan

This is an appeal from the judgment of conviction and from an order denying defendant’s motion for a new trial. It is urged in support of the appeal that the information is so defective that the court acquired no jurisdiction of the defendant because it was insufficient to inform him of the offense he was called upon to meet. It is argued that this insufficiency consists in the fact that the information “in attempting to identify the statute which appellant is alleged to have violated specifically pleads a portion of an act of the legislature of 1907, [Stats. 1907, p. 252], which was repealed by an act of the legislature of 1913,” [Stats. 1913, p. 722].

The language of the information is: “Chow Let and Chow Juyan are accused ... by this information of the crime of misdemeanor, to wit, violating section 17 of an act for the regulation of the practice of medicine and surgery, osteopathy and other systems or modes of treating the sick and afflicted . . . approved June 2nd, 1913, committed as follows: The said Chow Let and Chow Juyan . . . did willfully, unlawfully and without then or there having a valid unrevoked certificate . . . practice, attempt to practice, advertise and hold…