Commonwealth v. Tami

PRICE, Judge:

The instant appeal is brought from an order of the court below, entered on April 29, 1980, denying appellants’ motion to dismiss based on double jeopardy grounds. For the reasons stated herein, we affirm the order of the lower court.

The events pertinent to this appeal are as follows: The appellants, Terri Tami and Bonnie Irvine Tami, husband and wife, were convicted in a non-jury trial1 before Wolfe, P.J. of Warren County of delivering a controlled substance in violation of the Drug, Device and Cosmetic Act of 1972.2

At the preliminary hearing, undercover state trooper Paul Bartko…