OPINION
PER CURIAM.
The defendant, Michael B. Champion (defendant), appeals from a motion for new trial that was denied after a jury found him guilty of one count of simple assault pursuant to G.L.1956 § 11-5-3. Although the trial justice denied the defendant's motion on procedural grounds, she noted that she would have denied the motion on its merits if it had been filed properly.
Oral argument was held in this Court on March 8, 2005, pursuant...
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