DREBEN, J.
The focus of this appeal is whether the trial judge, by eliminating a portion of an indictment which he recognized to be of dubious validity, impermissibly amended the indictment as to a matter of substance. See Commonwealth v. Snow, 269 Mass. 598, 606 (1930). We hold that the judge acted properly under Mass.R.Crim.P. 4(d), 378 Mass. 849 (1979), and affirm the defendant's conviction under G.L.c. 266, § 28(a).
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