PEOPLE v. KAISER

Judgment of conviction of the Court of Special Sessions reversed on the law and the facts, and a new trial ordered. It was error for the court to find, as it did, on the undisputed facts as a matter of law that the defendant was guilty of a violation of the statute, as complained of. Whether he was guilty of practicing medicine without a license, within the meaning of the statutory exception, was a question of fact to be determined on all the evidence adduced on the trial. ( People v. Christian, 122 App. Div. 842; People v. Cole, 219 N.Y. 98, 112.) Kelly, P.J., Manning and Kapper, JJ., concur; Rich and Jaycox, JJ., dissent.