State v. Sanford

Citations

• 89 Wash. 669
• 154 P. 1114
• 1916 Wash. LEXIS 842

Syllabus

<p>Physicians and Surgeons — Practicing Without Certificate — Information. Under Rem. & Bal. Code, § 8386, making it unlawful to treat the sick without having a certificate authorizing the practice of (1) medicine, (2) osteopathy, or (3) any other system of treating the sick, an information charging the practicing of medicine and the treatment of the sick by the chiropractic method without having a certificate in any form, alleges facts sufficient to constitute the statutory offense, without stating which one of the three certificates provided for by law the accused should have had.</p> <p>Same. An information under said section charging the unlawful practice in K. county, without alleging the residence of the accused, is sufficient, even though the statute authorizes the holder of a certificate to record it in the county of his residence and thereupon practice in any other county of the state; since practice in K. county without any certificate constitutes the offense.</p> <p>Same — Practice Without Authority — Information—Duplicity— Sufficiency. Although Rem. & Bal. Code, § 8395, makes it an offense to practice medicine without having a certificate recorded in the county in which he is practicing, which must be recorded anew upon any change of residence, and § 8400 making it an offense to practice without having a certificate, an information is not duplicitous in that it charges the offense of practicing without having the certificate recorded and also the offense of practicing without having a certificate, where it does not state sufficient facts to charge a complete offense of practicing without recording the certificate in the county of his residence; since its allegations in that respect, being insufficient to sustain a conviction, may be rejected as surplusage.</p>