People v. Boo Doo Hong

Citations

• 122 Cal. 606
• 55 P. 402
• 1898 Cal. LEXIS 641

Syllabus

<p>Criminal Law—Unlawful Practice of Medicine—Sufficiency of Information—Existence of Medical Societies.—An information charging the defendant with the crime of willfully and unlawfully practicing medicine in the state of California, without having first procured the certificate so to practice, as required by law, from some one of the medical societies named in the statute, states facts sufficient to constitute a public offense. It is not necessary to allege the existence of the medical societies referred to.</p> <p>Id.—Negative Averment—Evidence—Burden of Proof as to Certificate.—The averment in the information that defendant practiced medicine without having first procured the certificate to do so required by law is a negative averment as to a fact which is peculiarly within the knowledge of the defendant; and, upon evidence of the practice of medicine by him, the burden is devolved upon him to prove that he had a certificate to practice medicine as provided by law, and, in the absence of such proof, it must be taken as true that he had not procured such certificate.</p>