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Schireson v. State Board of Medical Examiners of New Jersey

Decided: November 19, 1942.

HENRY J. SCHIRESON, PROSECUTOR,
v.
STATE BOARD OF MEDICAL EXAMINERS OF NEW JERSEY AND EARL S. HALLINGER, M.D., RESPONDENTS



For the prosecutor, Samuel P. Orlando.

For the respondents, David T. Wilentz, Attorney-General, and Joseph A. Murphy.

Before Justices Case, Donges and Colie.

Case

The opinion of the court was delivered by

CASE, J. Prosecutor was a duly licensed practitioner of medicine in the State of New Jersey. On June 9th, 1939, he was indicted by a federal grand jury upon three counts, namely, (1) unlawfully concealing assets from a trustee in

bankruptcy, (2) making false oath in bankruptcy proceedings, (3) perjury. On September 29th, 1941, he entered a plea of nolo contendere as to Counts 1 and 2 and of non vult as to Count 3, the same plea, in our understanding, as variously expressed in the first and the third person, respectively. A judgment and commitment was entered as follows:

"Ordered and adjudged that the defendant, having been found guilty of said offenses, is hereby committed to the custody of the Attorney-General for imprisonment in an institution of the jail type to be designated by the Attorney-General or his authorized representative for the period of one year and one day on each count as to Counts 1 and 2;

"One year and one day on Count 3 and to pay to the United States a fine of $500. Imprisonment on all three counts to run concurrently."

At the times hereinafter mentioned prosecutor was imprisoned at the federal penitentiary at Lewisburg, Pennsylvania, on that commitment.

R.S. 45:9-16 provides as follows with respect to the power of the State Board of Medical Examiners to revoke a license to practice medicine or surgery:

"The board may refuse to grant or may suspend or revoke a license or the registration of a certificate or diploma to practice medicine and surgery filed in the office of any county clerk in this State under any act of the Legislature, upon proof to the satisfaction of the board that the holder of such license (a) has been adjudicated insane, or (b) habitually uses drugs or intoxicants, or (c) has practiced criminal abortion, or been convicted of the crime of criminal abortion, or has been convicted of crime involving moral turpitude, or (d) has advertised fraudulently, (e) becomes employed by any physician, surgeon, homeopath, eclectic, osteopath, chiropractor, or doctor who advertises fraudulently, or (f) shall have presented to the board any diploma, license or certificate that shall have been illegally obtained or shall have been signed or issued ...


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