Commonwealth v. Allen

McEWEN, Judge:

This is an appeal from an order which denied the omnibus pre-trial motion of appellant wherein appellant had argued that prosecution on charges of criminal trespass,1 simple assault2 and rape3 was barred on double jeopardy *428grounds.4 We here consider whether a finding that appellant was in contempt of an order issued pursuant to the Protection From Abuse Act5 bars subsequent prosecution on charges based on the same conduct which supported the contempt order.

The distinguished Judge John A. Walter, by order of April 18, 1980, enjoined appellant from physically abusing, striking or…