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COMMONWEALTH v. KAYE

232 Pa.Super. 506 (1975)

Commonwealth v. Kaye, Appellant.

Superior Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

George E. Goldstein, with him Robert M. Rosenblum and William J. Honig, and Goldstein and Rosenblum, for appellant.

Joseph M. Stanichak, Assistant District Attorney, with him Clarence D. Neish, Assistant District Attorney, and Joseph S. Walko, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY SPAETH, J., February 27, 1975:

Appellant, an osteopath, was convicted by a jury on six counts of violation of the Drug, Device and Cosmetic Act,1 and was sentenced to a total of 1½ to 3 years in prison. The charges arose out of two sales of diet pills, each sale resulting in three counts: (1) sale, outside of the regular course of his profession or duties, by a practitioner licensed by law to prescribe drugs;

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