MISSOURI v. HUNTER

No. 81-1214.

459 U.S. 359 (1983)

MISSOURI v. HUNTER

Supreme Court of United States.

Decided January 19, 1983.


Attorney(s) appearing for the Case

Philip M. Koppe, Assistant Attorney General of Missouri, argued the cause for petitioner. With him on the brief were John Ashcroft, Attorney General, and Steven W. Garrett, Assistant Attorney General.

Gary L. Gardner argued the cause for respondent. With him on the brief was James W. Fletcher.*


CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to consider whether the prosecution and conviction of a criminal defendant in a single trial on both a charge of "armed criminal action" and a charge of first-degree robbery — the underlying felony — violates the Double Jeopardy Clause of the Fifth Amendment.

I

On the evening of November 24, 1978, respondent and two accomplices entered an A & P supermarket...

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