concurring.
I concur only in the result reached by the majority. However, I fail to perceive any legitimate reason for this *287complaint to have received such an inordinate amount of judicial attention. We have repeatedly held that the dismissal of charges by a magistrate is not a binding final order. Commonwealth v. Hetherington, 460 Pa. 17, 331 A.2d 205 (1975). There was nothing to preclude the Commonwealth from going before another district justice within the same judicial district and presenting in that forum the previously dismissed charges.* Riggins Case, 435 Pa. 321, 254 A.2d 616 (1969); McNair’s Petition, 324 Pa. 48, 187 A. 498 (1936).
In Northampton County, there are fourteen district justices with one vacancy at the present time.