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STATE v. MOORE

No. 56427.

324 So.2d 388 (1976)

STATE of Louisiana v. Edwin MOORE.

Supreme Court of Louisiana.

January 7, 1976.

Application denied.

TATE, J., dissents. The defendant, a 15-year-old juvenile, pleaded guilty to second degree murder, a non-capital offense. This voluntary plea, whatever its consequences and whatever the lack of jurisdiction of the district court to impose a penitentiary sentence on this juvenile, forbids his being tried again on the indictment for first degree murder, a capital offense. As the dissent in this case at 309 So.2d 675

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