McPheeters

Appeal from a judgment of the Superior Court annulling and setting aside a judgment and order of the Board of Medical Examiners of the State of California, revoking the license of respondent herein to practice medicine and surgery.

The complaint filed with the clerk of the Board of Medical Examiners alleged that respondent had been guilty of unprofessional conduct in violating section 14, subdivision 2 (Stats. 1913, p. 732), and acts amendatory thereof, authorizing the revocation of the license of a physician for unprofessional conduct. This section is commonly known as the Medical Practice Act. It declares “unprofessional conduct” to mean “the willful betraying of a professional secret.” The misconduct complained of by the hoard consisted- in the writing of certain letters by respondent to 'a young lady who had formerly been employed in his office as -an assistant, and who was acquainted with his patients and familiar with their ailments and' physical disabilities. These letters reveal the fact that respondent and his former office assistant were on very intimate terms with each other. Some of the letters contained the information that the ac cused had performed operations of an…