Indictment; superseding indictments

§ 200.80 Indictment; superseding indictments.

If at any time before entry of a plea of guilty to an indictment or
commencement of a trial thereof another indictment is filed in the same
court charging the defendant with an offense charged in the first
indictment, the first indictment is, with respect to such offense,
superseded by the second and, upon the defendant's arraignment upon the
second indictment, the count of the first indictment charging such
offense must be dismissed by the court. The first indictment is not,
however, superseded with respect to any count contained therein which
charges an offense not charged in the second indictment. Nothing herein
precludes the filing of a superseding indictment when the first
accusatory instrument is a superior court information.