People v. Superior Court (Douglass)

Opinion

MANUEL, J.

— In this mandate proceeding we must decide whether a violation of Business and Professions Code section 2399.5, which states that it is unprofessional conduct to prescribe, dispense or furnish dangerous drugs without a good faith prior examination and medical *431indication therefor, constitutes a misdemeanor under section 2426 of that code.1 We conclude that it does not.

Real party in interest James Douglass was charged in an amended complaint in the municipal court with numerous violations of section 2399.5. At the close of the prosecution’s case-in-chief in a trial by jury,…