LEE, Justice.
The district attorney appeals from a judgment and order of the district court dismissing an indictment of the grand jury which charged defendant-appellee with two counts of second-degree assault, section 18-3-203, C.R.S.1973 (now in 1978 Repl.Vol. 8). The defendant filed a pretrial motion to dismiss the indictment pursuant to section 16-5-204(4)(k), C.R.S.1973 (1978 Repl.Vol. 8) which provides:
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