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COM. v. WILCOX

400 Pa.Super. 463 (1990)

583 A.2d 1208

COMMONWEALTH of Pennsylvania, Appellant, v. Edward S. WILCOX, Appellee.

Supreme Court of Pennsylvania.

Filed December 18, 1990.

Attorney(s) appearing for the Case

Richard A. Linzer, Deputy Atty. Gen., Greensburg, for Com.

John M. Purcell, Uniontown, for appellee.

Before WIEAND, DEL SOLE and HESTER, JJ.

WIEAND, Judge.

Edward Wilcox, a pharmacist, was tried by jury and was found guilty of fraudulently misrepresenting to the Department of Welfare the nature of drugs dispensed, this being a violation of the Fraud and Abuse Control Act of June 13, 1967, P.L. 31, as amended, 62 P.S. § 1407(a)(7).1 The trial court subsequently arrested judgment, believing that the Commonwealth had failed to show beyond a reasonable doubt that it had been...

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