King V. Board Of Medical Examiners

The plaintiff sued in mandamus to review an order of the Board of Medical Examiners revoking his license to practice the profession of "drugless practitioner." Following a trial in the superior court a judgment was entered affirming the order of the medical board. The trial was held during the twilight period between the decisions of our Supreme Court in Laisne v. California State Board of Optometry, 19 Cal. 2d 831 [123 P.2d 457], and Dare v. Board of Medical Examiners, 21 Cal. 2d 790 [136 P.2d 304], and the trial court accordingly conducted the proceeding in harmony with the rules of practice outlined in the former decision, though the judgment was entered after the Dare case was decided. This resulted in findings that the evidence did not support a finding of guilt upon the first charge or count of the accusation, that the court was unable to determine the scientific value of the evidence relative to the second count, and that, as to the third count, a technical violation was proved, but that the offense was so trivial that the order of revocation of petitioner's license was unjustified.