The first count of a two-count indictment charged the defendant with assault committed with a dangerous instrument, i.e., a spatula. The second count of the indictment was dismissed at the end of the prosecution's case and we are not concerned with it on this appeal. On November 16, 1971 at about 8:00 P.M., the defendant and two companions entered a luncheonette operated by the victim of the alleged assault and his wife who was also present. An incident occurred when payment...
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