Commonwealth v. Spay

SHEPPARD JR., J.,

This opinion is submitted in support of this court’s order, dated November 7, 1986, exercising jurisdiction over this matter and enjoining the commonwealth from proceeding further with the re-arrest of these defendants in Dauphin County.

I. ISSUE PRESENTED AND SUMMARY OF ANALYSIS

This is a case of first impression. The issue presented, although difficult to answer,1 may be briefly stated:

*127Does this court have jurisdiction to enjoin the commonwealth from re-arresting defendants in Dauphin County (pursuant to the Fraud and Abuse Control Act, 62 P.S. §1401,2 and specifically the…