
    STATE of Louisiana ex rel. Cleveland HARRIS v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al.
    No. 54062.
    Supreme Court of Louisiana.
    Dec. 19, 1973.
   In re: Cleveland Harris applying for writs of certiorari, mandamus and habeas corpus.

Writ denied. The showing made does not warrant the exercise of our jurisdiction. It should be noted that relator in this application has not complained that withdrawal of his earlier guilty plea to manslaughter and entry of plea of guilty to murder without capital punishment was either legally impermissible under the circumstances or constituted evidence that his counsel had been ineffective or incompetent in this regard.

SUMMERS, J.,

agrees that the writ should be denied, but does not agree with the irrelevant dicta assigned in the reasons assigned by the majority.

BARHAM, J.,

dissents from premature denial of this writ. The Court requested and obtained some additional trial court records but did not obtain the bill or bills of indictment which formed the basis for the pleas complained of. The bills of indictment are essential to a determination of the legality of the plea and sentence complained of. A juvenile pleaded guilty to manslaughter and was sentenced to 21 years. If the indictment was for murder that original plea to manslaughter and the sentence were legal. If the indictment was for manslaughter, the original plea and sentence were illegal and double jeopardy may have attached. The validity of the second plea to the more severe crime, murder, depends upon the nature of the prior plea which was set aside by court.  