People v. Poo On

The defendant was convicted of the offense of practicing medicine without a license. This appeal is from the judgment of conviction and the order denying his motion for a new trial. The cause is submitted on the appellant’s opening brief.

The ground urged for a reversal is that the evidence does not show that the defendant was engaged in the practice of medicine but only that he was engaged in the sale of herbs. Several persons who had been treated by the defendant for various ailments testified for -the prosecution. The following excerpts from the testimony of the first witness examined shows the character of proof presented. “Q. Whom did you see when you went to' the office of Poo On ? A. Dr. Poo On, himself, and the office girl. . . . Q. Just what was said, now, as near as you can recall? A. Well, I don’t know as I could repeat all that was said. I visited him in regard to medi cal treatment. I don’t know as you would call it medical treatment in the way he treats, hut I went for the purpose of getting his herbs. . . . Q. Now, how did you arrive at what kind of medicine you were to get or what herbs you were to get? A. Well, I don’t know as I know what kind of herbs I got. I…