Chong

People v. Chong

Good Law
1915 Cal. App. LEXIS 312·28 Cal. App. 121·151 P. 653
Court of Appeal of CaliforniaJuly 21, 1915Crim. No. 549.California681 words

Opinion

Lead Opinion

The defendant was charged by information with violating section 17 of the act of the legislature of 1913 for the regulation of the practice of medicine and surgery. He was tried, convicted, and sentenced to imprisonment and to pay a fine. This appeal is from the judgment and from an order of the court denying his motion for a new trial.

There is absolutely no merit in defendant’s objection that the instructions of the court led the jury to believe that the defendant was charged with a violation of the laws of the United States; nor in the point that the title of the act under which he was prosecuted is defective. The latter question was considered and decided in the recent case of People v. Ah Fong, 25 Cal. App. 724 , [ 145 Pac. 153 .]

Defendant contends that section 8 of the act is unconstitutional and void in that it is an unrestricted invasion of the art of osteopathy, ehiropraetiee, and mechanotherapy, in that it prevents practitioners of said systems of the healing art from practicing their profession “without in any manner severing or penetrating any of the tissues of the human being. ’ ’ Assuming, as asserted by defendant, that members of such schools, in practicing, as…

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