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STATE EX REL. MOORE v. WARDEN OF LOUISIANA STATE PENITENTIARY AT DeQUINCY

No. 55222.

308 So.2d 749 (1975)

STATE of Louisiana ex rel. Edwin MOORE v. WARDEN OF LOUISIANA STATE PENITENTIARY AT DeQUINCY, Louisiana.

Supreme Court of Louisiana.

Dissenting Opinion February 20, 1975.

Attorney(s) appearing for the Case

Harold Douglas, Douglas & Favre, New Orleans, for plaintiff-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for defendant-respondent.

DIXON, Justice.

We granted this application for post conviction relief to consider district court action in sentencing a fifteen year old boy to life imprisonment after he withdrew a plea of not guilty to first degree murder (R.S. 14:30) and pleaded guilty to second degree murder (R.S. 14:30.1).

Relator and two companions were indicted on November 29, 1973 for the November 9, 1973 murder of George Dominick. The offense was punishable by death, and was a "capital...

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