Fortch
People v. Fortch
Opinion
Lead Opinion
Hall, J.
Defendant was charged, by information, filed in the superior court of the city and county of San Francisco, with practicing dentistry without a license in said city and county, in violation of the so-called “dentistry act,” as amended in 1909 (Stats. 1909, p. 800). Upon his trial he was found guilty, and is now before this court upon his appeal from the judgment of conviction and the order denying his motion for a new trial.
The principal point relied on for a reversal of the judgment is that the superior court had no original jurisdiction of the offense charged. The offense is punishable by a fine of not exceeding $1,000, or imprisonment in the county jail for not more than one year.
The constitution gives to the superior court original jurisdiction of all “eases of misdemeanor not otherwise provided for.” Therefore, unless jurisdiction of the class of misdemeanors to which this offense belongs is given by some law to some other court, jurisdiction thereof belongs to the 'superior court. Appellant’s contention is that such jurisdiction is given by the act creating a police court in the city and county of San Francisco approved March 5, 1889 (Stats. 1889, p. 62), and the act…