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GALWAY, J. This is an interlocutory appeal from an order of the Superior Court (Nadeau, J.) denying a motion to dismiss the indictments against the defendant, Walter Hutchinson. See Sup. Ct. R. 8. We affirm and remand.

The defendant is charged with Simple Assault, Attempted Murder, and two counts of First Degree Assault. The defendant moves to strike certain language from the indictment in docket number 01-S-681-F (“the indictment”), which charges him with two counts of First Degree Assault. The State objects.