Notices of Judgment Under the Food and Drugs ACT Volume 3501, PT. 4350

Notices of Judgment Under the Food and Drugs ACT Volume 3501, PT. 4350

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...statements as to the curative pro erties of the drug which he is selling can not when pursued by justice take refuge 111 the statement that he was expressing his opinion or in being able to find others who honestly believed in the statements made. Here, again, the question Of guilt or innocence turns upon the fact and here, again, the fact is one which must be determined b the 'ury, and here, again, the jury has determined the fact ainst the defendant. The charge of the court in this feature or aspect of the case was eard by the jury, and therefore must be read in the light of the argument which had been addressed to them. The president of the company, when upon the witness stand, testified to the honesty of the statements made and to the truth of the claims made for the results of the treatment advocated. This was impressively supported b counsel for the defendant in his argument that the defendant was not to be convic because the statements made were not beheved m by the witnesses called for the United States, and that a defendant could_ not be convicted because he entertained an 0 inion, even if that opinion was a _mista.ken one, and that the fact that the claims ma e were within the domain of opinion entitled the defendant to a verdict of acquittal. These propositions were all affirmed by the court, unless the jury had been convinced b the evidence in the case that the statements as to what the drug was were in fact fa and misleadin and unlem the statements of what it would do were both false in fact and were frau ulently made. The feature of the charge complained of that the illustrations "were all illustrations of guilt and none of innocence " could not have prejudiced the defendant, for the reason that following more

Product details

  • Paperback | 482 pages
  • 189 x 246 x 25mm | 853g
  • United States
  • English
  • black & white illustrations
  • 1236804988
  • 9781236804983