State v. Newton

Citations

• 39 Wash. 491
• 81 P. 1002
• 1905 Wash. LEXIS 888

Syllabus

<p>Criminal Law—Practicing Dentistry Without License—Commission oe Offense Within One Year—Sufficiency of Evidence to Support Conviction—Appeal—Review—New Trial. A conviction for practicing dentistry without a license should be set aside as unwarranted by the testimony and against the overwhelming weight of the evidence, and a new trial should be ordered, where the unsupported evidence of the prosecuting witness was that it occurred at a certain office in Seattle in July, and the evidence of the defendant and of numerous witnesses was to the effect that defendant was not employed in that office in July, but had removed in June to Everett, and was practicing dentistry there during July, the burden being upon the prosecution to prove the commission pf the offehse within one year (Fullerton, J., dissenting).</p> <p>Same—Correction oe Malposition oe the Jaws—What Constitutes. The taking of an impression of jaws for the purpose of making false teeth and the fitting and adjustment of the same, constitutes a “correction of malposition of the jaws,” within the statute requiring a license for the practice of dentistry.</p> <p>Criminal Law—Appeal—Review oe Verdict. A verdict of guilty in a criminal case against the overwhelming weight of the evidence may he set aside on appeal where it does not subserve the ends of justice.</p>