
    STATE of Louisiana ex rel. Edwin MOORE v. WARDEN OF LOUISIANA STATE PENITENTIARY AT DEQUINCY, Louisiana.
    No. 56026.
    Supreme Court of Louisiana.
    March 13, 1975.
   In re: Edwin Moore applying for Writ of Certiorari, Prohibition and Mandamus.

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

BARHAM, J.,

is of the opinion the writ should be granted. The relator entered a plea 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.

DIXON, J.,

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