State of Oregon v. Buck

TOOZE, J.,

specially concurring.

I concur with the result reached in the majority opinion. The indictment in this case does not state facts sufficient to state a crime as against a duly licensed physician and surgeon.

Because of the importance of this decision to the medical profession as a whole, as well as to the public in general, and, particularly, to law enforcement officials, I propose to express my views at some length.

There is but one basic issue in this case. That issue involves the question whether the medical practice act authorizes duly licensed physicians and surgeons to perform…