Pinkus v. MacMahon’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Prosecutor [defendant] contends that there was no evidence before the trial court of any violation of the statute. In other words, he insists that the conduct described by the witnesses for the state board does not amount to the practice of medicine and surgery as above defined. We think it does. Whether or not the substances he sold and prescribed are to be classed as medicines or not makes no difference. Clearly prosecutor attempted to diagnose the `physical condition' of the witnesses and to ascribe a cause for its existence and prescribe for such condition. "It is argued that prosecutor was merely engaged in the sale of food and food products, having special knowledge concerning food. But he went far beyond the mere sale of food when he diagnosed alleged ailments of the witnesses and expressed an opinion as to their cause. We think the practices engaged in by the prosecutor come within the inhibition of the act."”

   1 later decision quote this exact passage · from the majority
   e.g. 279 So. 2d 839 - Reams v. State