State v. Jacobs

HATHAWAY, Judge.

This is an appeal from a conviction of appellant, a medical doctor, charged with a violation of A.R.S. § 36-1017, specifically that on the 3rd day of January, 1969, he did “obtain a narcotic drug to wit Percodan, by means of deceit and subterfuge.” The jury returned a verdict of guilty and the defendant was sentenced to a term of 1 to 3 years in the state prison.

The facts of the case are undisputed. On January 3, 1969, Mrs. Frankie Knight was employed as a clerk at the Gila County Hospital in Globe, Arizona. She had enjoyed a close doctor-patient relationship with Dr. Jesse…