State v. McIntosh

PRITCHARD, Judge.

By the verdict of a jury, appellant was convicted of obtaining a controlled substance by fraud under § 195.250, RSMo 1978. The jury was unable to agree upon her punishment and the trial court set it at five years imprisonment in the Missouri Division of Corrections.

Three points are made, the last of which challenges the sufficiency of the state’s proof. The evidence was this: Douglas C. Albers, a pharmacist of four years, owning and operating the Albers Pharmacy at 4400 *371Broadway in Kansas City, Missouri, received a phoned-in request for a prescription on August 7, 1980, at…