Wonn v. Commonwealth

WHITE, Judge.

This appeal is taken from convictions in the Fayette Circuit Court for violation of KRS 218A.140, obtaining a prescription by fraud, and of KRS 532.080, persistent felony offender, second degree.

Appellant was indicted on two counts of having obtained prescriptions by fraud from Dr. Maurice Royalty and one of the same offense from Dr. Harold Haynes. Dr. Royalty died before trial. Although his receptionist testified concerning various office records and a pharmacist verified that he had filled prescriptions from Dr. Royalty for appellant, the Commonwealth was unable to establish…