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

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.

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

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

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