Commonwealth v. Cohen

~~Dissenting Opinion by

Rhodes, J.:

I am unable to agree with the conclusion of the majority in sustaining the demurrer to the indictment against the defendant, who was an osteopath or osteopathic physician 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. I agree with the holding in the majority opinion that, since the ruling in the court below was against the Commonwealth on a pure question of law, it had the right of appeal. Therefore, the precise question for determination is whether…