White

This is an appeal from a conviction after trial by court of one count of a violation of the California Administrative Code, title 17, group 2, section 294(a). The complaint alleges that the defendant did “administer and operate a Convalescent Hospital licensed for 18 beds, and not having a qualified person to be on duty during the day and at least Forty (40) hours per week and on call when the nurse who is regularly the supervisor is not on duty or on call and provisions for supervisory coverage shall be made for vacation and relief periods.”

On March 20, 1967, Marvin L. Brandon, an investigator for the Los Angeles County Health Department, held an office conference with the defendant who was the operator of a convalescent hospital under a license issued by the California Department of Health. At this conference the investigator and the defendant discussed alleged violations of the Administrative Code which the investigator stated had been found on March 3d. He advised the defendant that he would re-inspeet the convalescent hospital in about thirty days.

On May 8th, the date of the violation alleged in count 1 of the complaint, he went to the hospital to conduct a routine…