BLANCHE, Justice.
Defendant James Alton Stokes, was indicted on February 16, 1978 for the crime of first degree murder. On January 19, 1982, the state amended the indictment to charge the defendant with second degree murder, a violation of La.R.S. 14:30.1. The defendant was tried before a jury and found guilty as charged by a unanimous verdict. Defendant Stokes was then sentenced to life imprisonment at hard labor without benefit of parole for forty years.
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