Majority
p. 780The People of the State of New York, Respondent, v. Philip Kaiser, Appellant.
Judgment of conviction of the Court of Special Sessions reversed on the law and the facts, and a new trial ordered. It was error for the court to find, as it did, on the undisputed facts as a matter of law that the defendant was
p. 781
guilty of a violation of the statute,[1] as complained of. Whether he was guilty of practicing medicine without a license, within the meaning of the statutory exception, was a question of fact to be determined on all the evidence adduced on the trial. (People v. Christian, 122 App. Div. 842 ; People v. Cole, 219 N. Y. 98 , 112.) Kelly, P. J., Manning and Kapper, JJ., concur; Rich and Jaycox, JJ., dissent.
* See Public Health Law, §§ 174, 160, subd. 7; Id. § 173, as amd. by Laws of 1918, chap. 630; Id. § 300. See Laws of 1922, chap. 245, amdg. said § 300.— [Rep.