This section contains the nature of the case and procedural background.

Mozian had tuberculosis for ten years during which time he was under the care of Dr. Matis. The disease became active, and Dr. Matis recommended hospitalization and drug treatment, which Mozian refused. Mozian then went under the care of Gian-Cursio (D) and Epstein (D) who were both chiropractors and were advised that Mozian had tuberculosis. D's treatment consisted of a vegetarian diet, fasting, and no drugs. Mozian was eventually hospitalized and treated with drugs, but he died within a few days. At trial, it was shown that D's treatment was not approved by the medical profession and had Mozian been treated by approved medical methods his disease could have been controlled.

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