State v. Thompson
State v. Thompson
Opinion of the Court
The appellant was convicted of practicing dentistry for a fee without first having procured - a license therefor. He appeals from a judgment imposing upon him a fine of $50.
He argues that the evidence was insufficient to show that he practiced dentistry or that he received a fee therefor. The evidence shows without dispute, that the appellant maintained a dental office in Seattle and agreed to make a new mouth plate for the prosecuting witness for the price of $5; that in order to fit the plate it was necessary to extract a tooth. Appellant extracted the tooth and took an impression for the plate and collected $3 on account. Subsequently the plate
Appellant also argues that the act is unconstitutional. We have heretofore, in State ex rel. Smith v. Board of Dental Examiners, 31 Wash. 492, 72 Pac. 110, and In re Thompson, 36 Wash. 377, 78 Pac. 899, passed upon all the questions presented here, and we are satisfied with the conclusions there reached. See, also, State v. Sexton, supra; State v. Brown, 37 Wash. 106, 79 Pac. 638.
There is no error in the record, and the judgment must therefore be affirmed.
Hadley, C. J., Crow, Fullerton, and Root, JJ., concur.
Reference
- Full Case Name
- The State of Washington v. E. G. Thompson
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- 1 case
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- Syllabus
- Physicians and Suegeons — Pbacticing Dentistey — Ceiminal Law — Evidence—Sufficiency. The evidence is sufficient to sustain a conviction for practicing dentistry without a license where it appears that defendant, who had no license, made a new mouth plate for the prosecuting witness at the agreed price of $5, and in order to take an impression and fit the plate, extracted a tooth, although no independent charge was made for extracting the tooth; since taking the impression was in itself the practicing of dentistry. Same — Requieement of License — Constitutional Law. Bal. Code, § 3032 prohibiting the practice of dentistry without a license is not unconstitutional.