PER CURIAM.
Defendant was indicted on two counts: (1) in public, inciting an assault upon Albert Carhart, a municipal officer of the City of Linden, while in uniform, contrary to N.J.S.A. 2A:148-10(b), and (2) assault and battery upon said officer while acting in the performance of his duties, contrary to N.J.S.A. 2A:90-4(a).
Defendant's motion for dismissal of the indictment was denied in an opinion reported in
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