Harris v. Oklahoma, 433 U.S. 682 (1977)

Harris v. Oklahoma


No. 76-5663


Decided June 29, 1977
433 U.S. 682

ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA

Syllabus

Where petitioner had been convicted of felony murder based on his companion’s killing of a victim during the course of an armed robbery, the Double Jeopardy Clause of the Fifth Amendment barred a separate prosecution of petitioner for the lesser crime of robbery with firearms, since conviction of the greater crime of murder could not be had without conviction of the lesser crime.

Certiorari granted; 555 P.2d 76, reversed.