Commonwealth v. Cohen

Hirt, J.,

Opinion by

Defendant, a duly licensed osteopath, was charged with prescribing morphine sulphate, a derivative of opium, in violation of Section 4 of the Anti-Narcotic Act of July 11, 1917, P. L. 758, 35 PS 854. He demurred to the indictment on the ground that the information upon which it was based, named and described him, the defendant, as “Theodore R. Cohen, D. O., a duly licensed osteopathic physician.” The lower court sustained the demurrer and quashed the indictment, whereupon the Commonwealth appealed, raising the narrow question whether one duly licensed under the acts of…