People v. Boo Doo Hong

Good Law
122 Cal. 606·1898 Cal. LEXIS 641·55 P. 402
Supreme Court of CaliforniaDecember 8, 1898Crim. No. 420California823 words

Opinion

Lead Opinion

Belcher, J.

The defendant was charged by information, Sled in the superior court of Tehama County, with the crime of willfully and unlawfully practicing medicine in the state of California, without having first procured a certificate to so practice as required by law. He demurred to the information, and, his demurrer being overruled, then pleaded not guilty. He was subsequently tried and found guilty of the offense charged, and judgment was entered that he pay a fine of three hundred and fifty dollars, et cetera. From that judgment and an order denying his motion for a new trial he has appealed.

The demurrer was properly overruled. The facts stated in the information were sufficient to constitute a public offense, and it was not necessary to allege the existence of the medical societies referred to. (People v. O’Leary, 77 Cal. 30 .)

At the trial uncontradicted evidence was introduced by the prosecution sufficiently showing that for several months prior to the filing of the information defendant had been practicing medicine at Bed Bluff, in the county of Tehama (People v. Lee Wah, 71 Cal. 80 ), but no evidence was introduced on either side showing, or tending to show, that defendant had or…

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