Commonwealth v. Kaye

Opinion by

Spaeth, J.,

Appellant, an osteopath, was convicted by a jury on six counts of violation of the Drug, Device and Cosmetic Act,1 and was sentenced to a total of 1 % to 3 years in prison. The charges arose out of two sales of diet pills, each sale resulting in three counts: (1) sale, outside of the regular course of his profession or duties, by a practitioner licensed by law to prescribe drugs;2 dispensing drugs without keeping proper records;3 and (3) dis*508pensing drugs without proper labeling and instructions as to use.4

The first of the two sales was on April 28, 1972, in appellant’s…