Indictment; superseding indictments

§ 200.80 Indictment; superseding indictments.\n If at any time before entry of a plea of guilty to an indictment or\ncommencement of a trial thereof another indictment is filed in the same\ncourt charging the defendant with an offense charged in the first\nindictment, the first indictment is, with respect to such offense,\nsuperseded by the second and, upon the defendant's arraignment upon the\nsecond indictment, the count of the first indictment charging such\noffense must be dismissed by the court. The first indictment is not,\nhowever, superseded with respect to any count contained therein which\ncharges an offense not charged in the second indictment. Nothing herein\nprecludes the filing of a superseding indictment when the first\naccusatory instrument is a superior court information.\n