Supreme Court of Louisiana, 1975

State ex rel. Moore v. Warden of Louisiana State Penitentiary

State ex rel. Moore v. Warden of Louisiana State Penitentiary
Supreme Court of Louisiana · Decided March 13, 1975 · Barham, Dixon
309 So. 2d 345; 1975 La. LEXIS 5159 (Southern Reporter, Second Series)

State ex rel. Moore v. Warden of Louisiana State Penitentiary

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. The relator entered a *346plea of guilty to second degree murder in the district court. We determined in State ex rel Moore v. Warden, No. 55,222, La. 308 So.2d 749, that a juvenile could not enter a plea to such a non-capital charge in a district court. After pleas are set aside, the juvenile must be transferred to Juvenile Court for trial on second degree murder. He should not be subjected to a more serious conviction and sentence — to wit death. A conviction has been had by reason of a plea.

Concurring Opinion

DIXON, J.,

concurs in the denial for reasons expressed in # 55,222 — Jan. 20, 1975. State v. Moore, La., 308 So.2d 749.

Opinion of the Court

In re: Edwin Moore applying for Writ of Certiorari, Prohibition and Mandamus.

Writ denied. The ruling of the trial judge is correct.

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