Commonwealth v. De La Cruz

The defendant, a doctor, appeals from his convictions by a jury on eleven indictments, four charging him with indecent assault and battery on one Kathleen M. Coletta, an undercover State trooper, and seven charging him with the unlawful distribution of Valium and Mellaril to Coletta and to one Herbert Harding, an undercover State trooper who had posed as Coletta’s boyfriend. On appeal, the defendant argues: (1) that a physician cannot be convicted of distributing rather than dispensing controlled substances where the evidence shows, at best, that the prescriptions were not issued in…