BLANCHE, Justice.
Defendant, Clyde Stewart, was indicted by a grand jury on December 21, 1979 for first degree murder in violation of La.R.S. 14:30. He pleaded not guilty and was tried by a jury of twelve persons on August 21, 1979. When the jury was unable to reach a verdict, the court declared a mistrial. Thereafter, on October 2, 1979, the indictment was amended to charge the defendant with second degree murder in violation of La.R.S. 14:30.1. A second jury trial...
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