Commonwealth v. Kaye

Opinion by

Spaeth, J.,

Appellant, an osteopath, was convicted after a trial by jury of three offenses under the Drug, Device and Cosmetic Act: 1 trafficking in dangerous or narcotic drugs ; 2 prescription to a person known to be a habitual user; 3 and prescription without a physical examination. 4

On July 13, 1971, George Gariti went to appellant’s office in Coraopolis, Allegheny County, and asked appellant to issue a prescription for Numorphan. This was a very potent pain killer, usually only prescribed for use by terminal cancer patients. Appellant refused to write the prescription unless…