dissenting:
Having succeeded in having appellant jailed, tried, convicted and fined for his actions of May 7 and 8, the Commonwealth now seeks to try appellant on more serious charges arising out of the same criminal episode. Because I find such a prosecution the “type of governmental harassment of a defendant that would offend double jeopardy concerns,” I dissent.
“[T]he state with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embar*441rassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity....” Commonwealth v. Hude, 500 Pa. 482, 492, 458 A.2d 177, 182 (1983), quoting Green v. United States, 355 U.S. 184, 187, 78 S.Ct. 221, 223, 2 L.Ed.2d 199 (1957). Nor can the state be permitted to test the strength of its case and discover a defendant’s trial strategy or defense by first trying him on a lesser charge and then later on the more serious charges. See Commonwealth v. Hude, supra, 500 Pa. at 491, 458 A.2d at 182 (“dry runs” to obtain convictions impermissible). Thus, in Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432, vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), on remand, 455 Pa. 622, 314 A.2d 854, cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974), our Supreme Court “expressly bar[red] a subsequent prosecution for any offense arising from the same criminal episode, where the offense was known to the prosecuting authorities at the time of the commencement of the first trial.” Commonwealth v. Holmes, 480 Pa. 536, 540, 391 A.2d 1015, 1017 (1978).
Here, appellant was charged with simple and aggravated assault three days prior to his arraignment on the contempt charge. Although appellant had been able to post the $1,000 bond required for his release on the assault charges, the lower court set bail for the contempt charge at $5,000, resulting in appellant’s return to Lebanon County Prison until his contempt hearing. Appellant was then subjected to a full adversarial proceeding to determine his criminal culpability. The Commonwealth presented the testimony of appellant’s wife and two police officers while appellant countered with his own testimony. After the lower court found appellant guilty of contempt and fined him $750, the Commonwealth brought yet another charge against him arising from the same incident, rape.
The majority’s conclusion that a second prosecution is beyond the parameters of the double jeopardy protections is untenable. The Commonwealth had sufficient knowledge to charge and, in fact, did charge appellant with assault *442before proceeding with the contempt action. The Commonwealth tested the strength of its case and discovered appellant’s defense in preparation for trial on the greater charges. Appellant will again be subjected to criminal liability, embarrassment, expense and uncertainty for actions for which he has already been tried and convicted. Contrary to the majority, I find forcing appellant to run the gauntlet a second time for the events of May 7 and 8 offends double jeopardy protections. Accordingly, I dissent.