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Pinkus v. Macmahon

Decided: January 26, 1943.

JOSEPH JOHN PINKUS, PROSECUTOR,
v.
CECIL H. MACMAHON, JUDGE, ETC., DEFENDANT



On writ of certiorari.

For the prosecutor, Fast & Fast.

For the defendant, David T. Wilentz and Joseph A. Murphy.

Before Justices Case, Donges and Colie.

Donges

The opinion of the court was delivered by

DONGES, J. This writ of certiorari brings up the conviction of prosecutor in the First District Court of the City of Newark for a violation of the Medical Act. The charge was that he violated R.S. 45:9-22 in that "he did commence and continue the practice of medicine and surgery within the meaning of section 45:9-18 of title 45 of the Revised Statutes, without first having obtained and filed a license for such practice."

Prosecutor conducts a food store in the City of Newark where he sells food products and serves meals. He holds college degrees and has studied principally in food chemistry and science, biology and physiology. He sold to the witnesses for the State Medical Board certain trade-name packaged products, known as Sorbex, Tams, Seatab tablets, and Enrich, the exact nature of which is not clear from the record. He advised the witnesses as to their use and gave advice as to diet.

One witness testified that on her first visit to the premises of the prosecutor she told him she had distress in her stomach and pressure around the heart. He told her it came from eating improper foods and advised her not to eat starches or meats but to eat plenty of fruits and vegetables. He gave her a package of Sorbex.

On another visit she told prosecutor that she had a pain under both ears and down the side of her neck. Prosecutor told her her glands were not functioning properly and that she needed iron. He gave her a bottle of Seatabs and told her to take one to four tablets daily.

On a thirds visit she informed prosecutor that she had an irritation around the waistline and had an itch. Prosecutor informed her that she had an acid condition; that she should not use any common table salt; that she should eat lots of fruit, vegetables and lemons. He gave her a package of Vegebroth and told her to use it twice a day.

Two other witnesses testified to similar incidents and advice upon the occasion of visits to ...


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