With no explanation, chose the best option from "A", "B", "C" or "D". argued that there was insufficient evidence for a grand jury to conclude that he had used his hands and fists as dangerous weapons. This Court previously has held that a defendant can be convicted of assault with a dangerous weapon by beating another with his or her hands if the hands were used in “such a manner as to be likely to produce substantial bodily harm.” State v. Zangrilli, 440 A.2d 710, 711 (R.I.1982) (citing State v. Mercier, 415 A.2d 465, 467 (R.I.1980)). Before this Court, the state argued that the motion to dismiss was filed nearly seven months after defendant’s arraignment and was not timely; and therefore, the hearing justice’s refusal to entertain the motion may be sustained on the ground that the filing was out of time. State v. Acquisto, 463 A.2d 122, 128 (R.I.1988) (<HOLDING>). This argument was not raised before the

A: holding that a fivemonth delay in filing a motion to disqualify did not bar the motion where there was a reasonable explanation for the delay
B: holding that superior court did not abuse its discretion in finding that rule 60b6 motion was made within a reasonable time
C: holding that trial court did not abuse its discretion by determining expert witness was qualified to testify
D: holding that the trial court did not abuse its discretion in determining that a tenmonth delay in filing a dismissal motion was reasonable
D.