Commonwealth v. Possinger

SPAETH, Judge:

Following a non-jury trial, appellant, a physician, was convicted on seven counts of feloniously dispensing a controlled substance. 1 The evidence viewed in the light most favorable to the Commonwealth establishes the following facts.

COUNT I. On June 9, 1975, Robert Bongard, an undercover agent for the Philadelphia Police Department who weighs 160 pounds and is 6 feet 1 inch tall, went to appellant’s office. After paying $8.00, appellant’s usual fee for an office visit, Bongard told appellant that he wanted to go on a diet and asked for a prescription. After taking Bongard’s…