People v. Reddick, Cr. 6585

• Decision Date: 31 December 1959
• Docket Number: Cr. 6585
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Robert Henry REDDICK and John F. Stateham, Defendants, John F. Statham, Defendant and Appellant.

Page 767

1 Cal.Rptr. 767

176 Cal.App.2d 806

PEOPLE of the State of California, Plaintiff and Respondent, v. Robert Henry REDDICK and John F. Stateham, Defendants John F. Statham, Defendant and Appellant.

Cr. 6585.

District Court of Appeal, Second District, Division 1, California.

Dec. 31, 1959.

Hearing Denied Feb. 24, 1960.

Fizzolio & Fizzolio, North Hollywood, for appellant.

Stanley Mosk, Atty. Gen., Elizabeth Miller, Deputy Atty. Gen., for respondent.

FOURT, Justice.

This is an appeal from a judgment of conviction (order granting probation) and from an order denying a motion for a new trial in a case involving a violation of the provisions of (sic) Section 182.5 (Section 182) of the Penal Code (conspiracy) and Section 580 of the Business and Professions Code (sale of degrees, etc.).

In an information filed in Los Angeles County the defendants were charged in Count I with conspiracy to violate (sic) Sections 182.5 (182) of the Penal Code and Section 580 of the Business and Professions Code in that on or about August 30, 1957, they did 'willfully, unlawfully and feloniously sell and offer to sell a medical degree, or any degree, certificate or transcript made or purporting to be made pursuant to any laws regulating the licensing and registration or issuing of a certificate to physicians and surgeons.' The jury found the defendants guilty on both counts.

A resume of the facts is as follows: Frank G. Nolan attended the College of Osteopathic Physicians and Surgeons in Los Angeles, and graduated therefrom with a D.O. Degree in 1933. He received his license to practice as an osteopathic physician and surgeon in California in 1934. In 1946 he received a Doctor of Medicine Degree from Metropolitan University, an unaccredited school not recognized by the American Medical Association in which a physician and surgeon, D.O., could attend for a year and then receive a Doctor of Medicine Degree.

Early in 1957, Dr. Nolan sent an application to appear before the Board of Medical Examiners of the State of Maryland (Homeopathic) for an examination to practice medicine and surgery in Maryland. He dated the application June 10, 1956, and accompanied it with a statement, also dated June 10, 1956, stating that he believed he was qualified to take the examination. He also sent with the application a transcript of his courses at the College of Osteopathic Physicians and Surgeons, and a statement of the dean of the College of Medicine of Metropolitan University to the effect that Dr. Nolan had received an M.D. degree in 1948. The latter statement was dated May 24, 1956. Also enclosed with the application was Dr. Nolan's check for $50, dated June 10, 1956, and payable to the Secretary of the Board of Medical Examiners, State of Maryland. The check was returned cancelled, with the endorsement on the back 'Secretary Board of Medical Examiners State of Maryland. Maryland State Homeopathic Medical Society. (Signed) Robert H. Reddick, M.D.'

About February 7, 1957, Dr. Nolan contacted the California State Medical Board. In order to cooperate with them in every way, recording devices were installed and the conversations with the defendants were recorded.

Prior to August 26, 1957, Dr. Nolan received in the mail a card stating: 'This is to Certify That Frank Nolan, M.D. Is a Member in Good Standing of the Homeopathic Medical Society of the State of Maryland with dues credited for the year ending 1957-1958. Robert H. Reddick, M.D.' Subsequently, Dr. Nolan received a telephone call from a man identifying himself as the appellant, John F. Statham After ascertaining that Dr. Nolan was still interested in obtaining a Maryland license to practice medicine, and appointment was made. On the evening of August 26, 1957, appellant and his wife went to Dr. Nolan's home.

Appellant told Dr. Nolan that Reddick had asked him to 'get in touch' with the doctor. Dr. Nolan asked the appellant if he was planning to get a California license, and appellant said that he was 'waiting for this thing to simmer down in Maryland' before he filed for reciprocity; that Dr. de los Reyes, the vice-president of the Medical Board was a 'friend' of his; and that he had a 'very direct in to the Medical Board through a man named Ventura Blanco.' Dr. Nolan asked appellant 'what's the deal', and appellant said that he could not discuss 'any deal' with Dr. Nolan because he didn't know anything about it, and had come out just to tell him that Reddick wanted him 'to have the ticket (license) if you wanted it.' He told Dr. Nolan that if a man had been practicing ten years or longer he could be licensed by special examination. He said that the law did not say he had to go to Maryland to take the examination, but it was a foregone conclusion that one was supposed to. He said that Dr. Nolan would take it here without going back there, and if he was questioned about it, he 'would have to say * * * that you went back * * * and took it in Maryland.' He also told Dr. Nolan that California gave reciprocity to Maryland. Dr. Nolan asked when Reddick would be in town. The appellant said he was coming back by Tuesday or Thursday, and whatever Dr. Nolan had to say to him about money was his business, and that appellant didn't want any part of that at all. He said that if Dr. Nolan was going to make the deal with Reddick he would 'have the license certificate,' as Reddick had it with him, and it had to be engrossed before Reddick left, because he would not leave it there blank as somebody might sell it for five thousand dollars. Dr. Nolan inquired as to whether the Metropolitan Degree and the license to practice in Maryland would make one eligible for the armed services, and the appellant said if one was registered with the board there was no reason why he couldn't get in. Appellant asked how many of those Metropolitan people there were, and Dr. Nolan said about three hundred. Appellant said that he thought Reddick would go for a few of them, but not three hundred; that once you got the license it was a chattel property under the law and nobody could take it away from you. When Dr. Nolan mentioned the price, appellant said there was a five hundred dollar legislative assessment to the Society which everybody paid, and he didn't know anything about any amount over and above that, and Reddick didn't commission him to say anything about money. He said he was simply an emissary and not a salesman.

The next morning it was arranged that the appellant and Reddick would go to Dr. Nolan's office about 10:00 o'clock in the morning of August 27, 1957. At that time Dr. Nolan met Reddick, who said that compliance with the Medical Practice Act, Business and Professions Code, § 2000 et seq., required only that the applicant be more than 21 years of age, of good moral character, and show evidence of having received a diploma conferring the degree of doctor of medicine from a legally incorporated medical college. Reddick said, 'Most of the individuals who have been licensed by the Homeopathic Board, which is the board representing the Homeopathic Society, are also members of the Homeopathic Society. The Society as you may know has been involved not through choice but through necessity in a number of law suits and legal battles. Three assessments have been voted at different times at regularly convened Society meetings. This is the sum total which comes to seven fifty ($750.00) and it is a Society matter and has nothing to do with the examinations of the board as such. This is not stated in the law and of course there is no official status to this remark, but what it amounts to is one who is a member in good standing of the Society received the license from the board representing the Society practically on an automatic basis. There is no such thing as the Society selling any licenses. It has no authority. If it purported to do so, why, there would be no validity to it, anyone, and the two are separate and distinct. What it amounts to is, becoming a member of the Society in good standing, having paid the assessment totalling seven fifty, why, the licenser is simultaneous in substance, that is.'

Reddick said that many people appeared 'to be interested' in getting the Maryland license because 'reciprocity really existed in Maryland and * * * forty-two states and territories;' and that a state having reciprocity with Maryland must give reciprocity to the licentiates of both of the Maryland boards, or there is no reciprocity. He said that there were only six states that were not on the list for reciprocity, but that California reciprocated. Dr. Nolan said that he would like to get a license and demand reciprocity, and the appellant said there was no reason why he couldn't do it if he filed a suit in mandamus. Dr. Nolan told Reddick that he thought there were close to 300 graduates from Metropolitan, the majority of whom were in Southern California. The appellant said that he and Reddick had discussed that, and that Reddick had said that as for those who wanted in, 'it was a gradual proposition,' but taking 'too many at one time it would be inimical to the welfare of everyone,' and 'would cause a general discussion all over the state.' The appellant said that they had put a limit of eight on the 'first batch.' Appellant told Dr. Nolan that 'the best thing' for him to do was 'to go ahead' with his 'deal,' and after he had got it, then to bring them into it gradually. Appellant said that the licenses were 'not for sale as such,' but would be issued under the provisions of the law which provided for special examinations and because of being in practice for a number of years. He said that 'what Dr. Reddick doesn't want to happen is anybody who is a greenhorn and who might * * * pop off.'

On August 28, 1957, the appellant went again to Dr. Nolan's home, taking with him a document which stated:

'The Board of Medical Examiners of the State (Seal) of Maryland

'To all whom it may concern, Greeting:

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