Commonwealth v. Smith

BECK, Judge:

The instant appeal raises the issue of the applicability of 18 Pa.Cons.Stat.Ann. § 110 (Purdon 1983) which sets forth the circumstances under which a prosecution is barred by a former prosecution for a different offense. Since we conclude that section 110 which embodies constitutional double jeopardy principles has no application to this case, we affirm the judgment of sentence.

Appellant Gary Smith sold approximately one pound of marijuana to a state police informant and two state troopers on March 9,1987. This purchase of drugs, along with other information gathered in the…