Tapley

This is an appeal from a judgment of the superior court affirming on writ of certiorari an order of the respondent Board of Medical Examiners wherein they found appellant guilty of unprofessional conduct and revoked his license to practice medicine and surgery in the state of California.

The complaint as originally filed and sworn to alleged that appellant “by means of instruments and medicinal preparations attempted to and did procure” two certain “criminal” abortions, from which in each instance death resulted. Prior to the conclusion of the hearing before the board amendments were allowed to conform to the proof so that the complaint in each count alleged that appellant also “agreed and/or offered to” procure said abortions.

Appellant specifies four grounds for reversal, asserting that the decisions and proceedings of the Board of Medical Examiners are void for want of jurisdiction, in that (1) the complaint itself is fatally defective in omitting to state facts sufficient to show that appellant procured or aided or abetted or attempted or agreed or offered to procure a criminal abortion; (2) the board denied appellant “due process of law” by rejecting the defense that…