Commonwealth ex rel. Munchinski v. District Justice Blair

CICCHETTl, P.J.,

This petition was filed by David J. Munchinski, the alleged victim, through John S. Cupp Jr., petitioner’s counsel, captioned “petition for review,” based on the Appellate Rules of Procedure.

The court by order queried the standing to appeal and the authority for the same. There is no appeal from a district justice’s dismissal of criminal charges, however, the Commonwealth is not barred from refiling charges against defendant, since double jeopardy does not act as a bar to the rearrest. Commonwealth v. Genovese, 493 Pa. 65, 425 A.2d 367 (1981).

If the charges against the…