Commonwealth v. Eramo

Lincoln Eramo, a registered physician, claims there was insufficient evidence to support his convictions at a jury waived trial on three indictments for prescribing a controlled substance (Nembutal) without legitimate medical purpose. See G. L. c. 94C, §§ 19, 32; Commonwealth v. Comins, 371 Mass. 222, 226 (1976). The Appeals Court affirmed the convictions, and we granted further appellate review. We reverse and order that judgments of acquittal be entered.

Eramo’s convictions were based on three prescriptions for Nembutal which he delivered to Vincent Blanchard, one of four State police…