Hawkins v. State

• Citation: 238 N.W. 511,205 Wis. 620
• Parties: HAWKINS v. STATE.
• Decision Date: 13 October 1931
• Court: United States State Supreme Court of Wisconsin

205 Wis. 620

238 N.W. 511

HAWKINS

v.STATE.

Supreme Court of Wisconsin.

Oct. 13, 1931.

Error to review a judgment of the Municipal Court of Milwaukee County; George A. Shaughnessy, Judge.

James L. Hawkins was convicted of willfully and unlawfully appending to his name the letters “M. D.,” and he brings error.--[By Editorial Staff.]

Affirmed.

Plaintiff in error, James L. Hawkins, was duly convicted after a jury trial, and sentenced on March 3, 1931, for willfully and unlawfully appending to his name the letters “M. D.” in violation of section 147.14 (3), Stats. On a writ of error he contends that the evidence does not sustain the verdict and conviction, and that the court erred in a ruling on evidence.James J. Kerwin and Bottum, Hudnall, Lecher, McNamara & Michael, all of Milwaukee, for plaintiff in error.

John W. Reynolds, Atty. Gen., and George A. Bowman, Dist. Atty., George B. Skogmo and Louis S. Wiener, Asst. Dist. Attys., all of Milwaukee, for the State.

FRITZ, J.

The complaint charges that in violation of section 147.14 (3), Stats., the defendant, James L. Hawkins, on February 6, 1931, not possessing a license to practice medicine and surgery, osteopathy, or osteopathy and surgery, did unlawfully and willfully append to his name the letters “M. D.,” which represented, or might tend to represent, him as a doctor in any branch of treating the sick. Section 147.14 (3), Stats., so far as here material, provides: “No person not possessing a license to practice medicine and surgery, osteopathy, or osteopathy and surgery, under section 147.17, shall use or assume the title ‘doctor’ or append to his name the words or letters ‘doctor,’ ‘Dr.’ ‘specialist,’ ‘M. D.,’ ‘D. O.’ or any other title, letters or designation which represents or may tend to represent him as a doctor in any branch of treating the sick.”

In December, 1930, and January and February, 1931, plaintiff in error, Hawkins, was president of the American Society for the Conservation of Vision, the corporation which was involved in the case of John Nickell v. State of Wisconsin (Wis.) 238 N. W. 508, which is decided herewith. By stipulation the cases were tried together, and the evidence and facts stated in the opinion filed in that case are also applicable in this case. In addition, there was credible evidence to the following effect: Hawkins was not licensed in Wisconsin to practice medicine, surgery or osteopathy, although the degree of doctor of medicine had been conferred upon him by a medical college. The corporation leased its offices in Milwaukee on December 1, 1931, and Hawkins, in signing the lease, as president, added the letters “M. D.” after his signature. He directed the opening of the offices, and on his order the following was painted on the entrance door, “American Society for the Conservation of Vision, Inc., James L. Hawkins, M. D., Walk in.” During the next three months he was at the office several times, and knew that, for compensation, the eyes of patrons were examined by corporate employees, who directed ocular treatments which were represented to remedy defective vision and headaches. On January 27, 1931, the witness Campbell saw the sign on the door, and, on entering, Hawkins, with the use of an ophthalmoscope, a retinoscope, and a phoro-optometer, examined and gave him a treatment for his eyes, and advised him as to future treatment and remedy. On January 22 and February 7, 1931, Walter A. Drews saw the lettering on the door, and it was still there at the time of the trial. Hawkins also caused business cards to be printed with the name of the corporation and its Milwaukee address and telephone number, and the lettering “James L. Hawkins, M. D., President, Dr. M. H. Weir, Manager.”

There was no evidence that Hawkins was in Milwaukee on February 6, 1931, the date on which the complaint charged that he appended the letters “M. D.” to his name. A motion by the state to amend the complaint by substituting January 27, 1931, for February 6, 1931, was denied by the court with the statement, “Well, I am going to instruct anyhow, on or about the 6th day of February, 1931.”

[1] Briefly summarizing the crucial facts established by the evidence, it appears that Hawkins caused the letters “M. D.” to be appended to his name upon the entrance door, in connection with the words “American Society for the Conservation of Vision”; that at that office the corporation of which he was president, under his supervision and with his participation, conducted the business, for compensation, of examining and treating the eyes of patrons, and advising treatment to remedy vision and headaches; and that in connection with the words “Conservation of Vision” on the entrance door, and the business transacted at the offices and by...