People v. Y. Wong

The district attorney of San Joaquin County filed in the superior court thereof an information charging the defendant with a misdemeanor, in that, on or about the nineteenth day of May, 1922, and prior to the filing of said information, in said court, said defendant practiced and attempted to practice and advertised and held himself out as practicing a system or ■ mode of treating the sick and afflicted, without having -at said time “a valid unrevoked certificate from the State Btfard of Medical Examiners of the State of California” so to do. (Stats. 1913, p. 722.)

At the time the defendant was called for arraignment before the superior court upon said information, his counsel moved the dismissal of the accusatory pleading on the ground that said court was without jurisdiction to try the defendant on the charge thus alleged against him, and the motion was granted.

From the order granting said motion of dismissal the people appeal.

The specific ground upon which the order of dismissal was made was that, under the statute of 1885 (Stats. 1885, p. 213), as amended by the legislature of 1891 (Stats. 1891, p. 292), the jurisdiction of all misdemeanors committed within the limits of…