BROCK, C.J.
Indictments were returned against the defendant, David Dellner, charging him with violations of RSA 631:1, II (first degree assault) and RSA 264:25 (conduct after an accident). At defendant's trial in the superior court, the Trial Judge (Temple, J.), after the close of the State's case, granted the defendant's motion to dismiss the conduct after an accident charge, whereupon the jury found him guilty of first degree assault.
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