State v. Willstead
| Decision Date | 08 January 1946 |
| Parties | STATE v. WILLSTEAD, M. D. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Vernon County; R. S. Cowie, Judge.
Action by the State against Otterbein D. Willstead, M. D., to revoke the defendant's medical license. From an order denying a motion by the State for summary judgment, the plaintiff appeals.-[Editorial Statement.]
Order reversed and cause remanded with directions.
Action by the State of Wisconsin under sec. 147.20, Stats., to revoke the medical license of defendant. From an order dated August 21, 1945 denying motion by the State for summary judgment, the State of Wisconsin appeals. The material facts will be stated in the opinion.
John E. Martin, Atty. Gen., and William A. Platz, Asst. Atty. Gen., for appellant.
Donovan, Gleiss & Goodman, of Sparta, for respondent.
Defendant was licensed to practice in Wisconsin on September 16, 1942. On or about January 27, 1944 he was convicted in the District Court of the United States for the Western District of Wisconsin upon a plea of guilty to four separate counts of one indictment, three of these charging that defendant, not in the course of his professional practice, and not for legitimate and medical purposes but to satisfy addiction, prescribed morphine sulphate hypodermic tablets for certain named persons and the fourth charging that he wilfully, unlawfully and feloniously sold to certain named nonmedical addicts the same substance, not in the course of his professional practice, and not for legitimate and medical purposes, but to satisfy the addiction of the purchasers. The complaint in this action alleges the foregoing facts and demands revocation of defendant's license under the provisions of sec. 147.20, Stats.
Defendant's answer admits the conviction and ‘informs the Court that he entered his plea to said charges without the advice of counsel and that he prescribed for the persons therein named in the course of his professional practice and that in his belief and judgment it was necessary and for the benefit of said persons * * * that, in his opinion, the prescriptions given for the drug were proper and not contrary to law and that his plea entered in said action should not have been made. * * *’ Without reviewing for the moment the contents of affidavits attached by the state to its motion papers which tend to show that defendant was duly warned of his liability to prosecution, and that he had no excuse for making the prescriptions and sales, and those of defendant's affidavit to the effect that he made the prescriptions and sold the drugs in the exercise of a reasonable medical judgment, we shall proceed to what we think is the determining factor in this case.
The state contends that conviction of an...
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State Bd. of Medical Examiners v. Weiner
...showing moral turpitude, can the conviction be held to be of an offense involving moral turpitude.' Also see State v. Willstead, 248 Wis. 240, 21 N.W.2d 271, 272 (Sup.Ct.1946). In support of the proposition that the facts and circumstances of the particular incriminating conduct must be exa......
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Lee v. Wisconsin State Bd. of Dental Examiners
...from the fact sec. 152.07(2) makes the record of the conviction conclusive evidence. A similar view was taken in State v. Willstead (1946), 248 Wis. 240, 21 N.W.2d 271, of sec. 147.20, Stats. (1945), which authorized a revocation of a license to practice medicine upon a conviction of a crim......
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Fortman v. Aurora Civil Service Commission
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