5 Mass. App. Ct. 872 | Mass. App. Ct. | 1977
1. The following is a summary of some of the evidence introduced by the close of the Commonwealth’s case (see Commonwealth v. Kelley, 370 Mass. 147, 148-149 [1976]) which was sufficient to warrant findings that the defendant had acted in bad faith rather than “for a legitimate medical purpose” (G. L. c. 94C, § 19 [o], as amended by St. 1972, c. 806, § 15) in giving the two undercover officers the six prescriptions for which the defendant stands convicted: the defendant took no medical history from either officer and failed to weigh one of them before giving him prescriptions for weight reducing drugs; the defendant gave the officers additional prescriptions within an illegally short interval; he repeatedly gave both officers prescriptions for the drugs specifically named and requested by them, despite having been told by one of the officers that he had recently obtained like drugs from other physicians and having been told by both officers that they wished the drugs for nonmedical purposes (e.g., “I [don’t] want to lose weight” and “ [Will] it get me off?”) and that they had used previously prescribed drugs for such purposes; the defendant used the street names (“black ones” and “speed”) for two drugs discussed with one of the officers and demonstrated his own awareness of drug enforcement actions and procedures (e.g., “ [Are you] having a hard time cashing prescriptions for desoxyn” and “Pretty soon all of these drugs will be off the market”); the defendant did not schedule any of the return visits by the officers; and he
Judgments affirmed.