NEBEKER, Associate Judge:
The sole issue on appeal is whether the fact that an indictment is pending prohibits a second grand jury from returning another indictment charging the same and an additional offense arising from the same incident. We find no such prohibition and therefore reverse.
On February 5, 1974, appellee was indicted (by a December 1973 grand jury) on one count of assault with a dangerous weapon and one count of carrying a dangerous weapon...
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