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BRIGGS v. STATE

573 S.W.2d 157 (1978)

Hugh L. BRIGGS et al., Petitioners, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

October 10, 1978.

Attorney(s) appearing for the Case

Edward G. Thompson, Public Defender, Walker Gwinn, Chief App. Counsel, Memphis, for petitioner, Briggs.

Stanley Fink, Cassell & Fink, Memphis, for petitioner, Taylor.

Brooks McLemore, Jr., Atty. Gen., Robert A. Grunow, Asst. Atty. Gen., Nashville, Hugh W. Stanton, Jr., Dist. Atty. Gen., Leonard T. Lafferty, Jewitt H. Miller, Asst. Dist. Attys. Gen., for respondent.

OPINION

HENRY, Chief Justice.

We granted certiorari to consider the question of whether convictions for felony-murder and the underlying felony may stand under the Double Jeopardy Clauses of the Fifth Amendment to the Constitution of the United States and Article I, Section 10, of the Constitution of the State of Tennessee. We conclude that they may not.

I.

History of Case

Petitioners were convicted of felony-murder under...

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