did kill and murder (naming the person killed), and concluding as is now required by law[.]” Specifically alleging premeditation and deliberation is not required by the statute. Id. The indictment at issue stated that “on or about the 5th day of February, 2005, in the County named above the defendant named above unlawfully, willfully and feloniously did of malice aforethought kill and murder George Daniel Katsigiannis. This act was in violation of North Carolina General Statues Section 14-17.” Here, the indictment notified defendant that he was being charged with first degree murder and set out the requisite elements pursuant to N.C. Gen. Stat. § 15-144. Defendant acknowledges that this issue has been decided against him. State v. Avery, 315 N.C. 1, 14, 337 S.E.2d 786, 793 (1985) (<HOLDING>); State v. Braxton, 352 N.C. 158, 175, 531
holding that the crime of attempted first degree felony murder does not exist holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury holding the indictment in question complies with the short form indictment authorized by nc gen stat  15144 and is therefore sufficient to charge first degree murder without specifically alleging premeditation and deliberation or felony murder holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory holding that states pretrial amendment of the original indictment charging defendant with willful and deliberate first degree murder to add an alternative murder theory of depraved mind murder did not add a different offense and therefore did not prejudice the defendant