Appeal from Superior Court, Maricopa County; Walter J. Thalheimer, Judge.
Paul R. Jacobs was convicted of practicing dentistry without a license, and he appeals.
Lewkowitz & Wein and Charles C. Stidham, all of Phoenix, for appellant.
Evo DeConcini, Atty. Gen., Edward Jacobson, Asst. Atty. Gen. and Francis Donofrio, County Atty., of Phoenix, for appellee.
Stanford, Justice. Udall and Phelps, JJ., concur. Due to illness, the Chief Justice did not participate in determining this appeal. DeConcini, J., former Attorney General, announced his disqualification.
Appellant was charged by information filed in the superior court with the crime of practicing dentistry without a license, a misdemeanor. Appellant waived trial by jury, and following trial and conviction he appealed to this court from the pronouncement of judgment and sentence.
The facts are: The complaining witness, William Hodgkinson, called at the office of appellant in Tempe, Arizona, on or about the 16th day of January, 1948, and asked for appellant and inquired of him if he took impressions for false teeth. He also inquired about the price and in answer the appellant told him that he would take such impressions and that his price would be $ 75 for the two plates. Hodgkinson was seated in a chair and appellant Jacobs mixed some paste in a bowl, afterwards putting it into form for the lower gums, and he then told Hodgkinson to put it in his mouth and press down hard. It was left there for a few minutes until it became hard, then appellant put his fingers in the mouth of Hodgkinson and took the form out. This process was repeated for the
upper gums. The appellant then left the room for two or three minutes and upon returning told Hodgkinson that that would be all for that time and that he could come back in two hours. Hodgkinson informed him he could not return until the next morning. On his first visit Hodgkinson paid appellant $ 25 and took a receipt for same. The receipt reads as follows:
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"Jan. 16, 1948
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Dr. R. L. Nichols
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By Paul R. Jacobs"
When Hodgkinson returned the next day he was handed some wax forms for both upper and lower gums and told to put them in his mouth. Hodgkinson told appellant that the lower wax form felt loose and he [68 Ariz. 231] was told to return the following Tuesday which he did. Various delays then ensued, but Hodgkinson returned on January 27th and 30th. We quote his testimony as to what later occurred:
"* * * and I came back on the 4th of February and he took another impression of my gums. He put the forms in my mouth and pressed them down on my gums, including the upper and lower. He held them there until they got hard, and took them out and told me to come back February 5th and he would have my teeth ready for me. I went back February 5th and tried them out. I said the lower set of teeth kind of hit on the left side of the gum. I showed him. He pressed down on my gum and said, 'Is that the place' I said 'yes.' He had some instrument there that looked like he filed them. I put them in my mouth again. He said, 'Wear them home. Don't eat anything tonight with them. In three weeks you will be adjusted to those teeth, but if they cause you any soreness, come over again, but don't wait too long. I paid him that day $ 50, and he gave me a receipt for the same.
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"Mr. Lewkowitz: Did you, Mr. Hodgkinson meet Dr. Nichols? A. Never saw him.
"Q. Do you know him now? A. No, I wouldn't.
"Q. Don't know him at all? A. No, sir.
"Q. This gentleman who sits behind me, this man, Dr. Nichols, you say he wasn't in the room at the time you first ...