SAVOIE, Judge.
William F. Schrader was charged by grand jury indictment with the first degree murder of Catherine Marie Smith, in violation of LSA-R.S. 14:30. The homicide occurred on October 31, 1970. Prior to trial on the merits, the state amended the indictment to charge defendant with murder because at the time of the instant offense the Louisiana Criminal Code provided only one grade of murder.
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