Commonwealth v. Comins

The defendant, a licensed osteopathic physician, appeals from seven convictions for dispensing controlled substances in violation of G. L. c. 94C, § 32. He challenges (1) the denial of his motions to dismiss each indictment, (2) the denial of his motions for judgments of acquittal, and (3) certain evidentiary rulings made during the course of his jury waived trial. This case is concerned principally with the proper form of an indictment which charges a prescribing physician with violation of the controlled substances act (G. L. c. 94C) and with the proof necessary to sustain a conviction of a…