Caterpillar Tractor Co. v. Johnson

PHYSICIANS and SURGEONS — Practice of medicine without certificate — Use of title "Doctor" unauthorized. 1. Physicians and Surgeons — Practice of medicine. The practice of physiotherapy constitutes "practice of medicine." 2. Physicians and Surgeons — Healing art included in practice of medicine. "Practice of medicine" includes the practice generally of the healing art in any of its branches. 3. Physicians and Surgeons — Use of prefix "Dr." by person not authorized. Whether physiotherapists use of prefix "doctor" was in a medical sense, as prohibited by statute, was for jury. 4. Physicians and Surgeons — Evidence sustained conviction. That defendants practice of physiotherapy allegedly did not involve use of drugs or instruments, did not preclude conviction for unlawful practice by using title "doctor" in a "medical sense", and evidence sustained conviction of physiotherapist for unlawful practice by using title "doctor" in a medical sense without certificate. 5. Criminal Law — Offered instruction properly refused. Offered instruction which was at best a restatement of charge already given in slightly different language was repetitious and rightly refused. 6. Criminal Law — Exclusion of testimony not error here. In prosecution of physiotherapist for using the title "doctor" in medical sense, error could not be predicated on exclusion of testimony as to type of treatment given to witnesses by the defendant, in absence of offer of proof to show the substance of testimony excluded, especially where the defendants own testimony as to nature of treatments indicated that he engaged in practice of medicine. 7. Physicians and Surgeons — Right of defendant to dispute states case. In prosecution of physiotherapist for using title "doctor" in medical sense, defendant had right to dispute the states case and inferences which it drew from his use of the title.