Missouri v. Hunter (459 U.S. 359)
U.S. Supreme Court · decided January 19, 1983 · Supreme Court Database (Spaeth)
- Citation
- 459 U.S. 359 · 103 S. Ct. 673
- Decided
- January 19, 1983
- Term
- October Term 1982
- Vote
- 7–2
- Majority author
- Justice Burger
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
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. H On the evening of November 24, 1978, respondent and two accomplices entered an A & P supermarket in Kansas City, Missouri. Respondent entered the store manager’s office and ordered the manager, at gunpoint, to open two safes. While the manager was complying with the demands of the robbers, respondent struck him twice with the butt of his revolver. While the robbery was in progress, an employee who drove in front of the store observed the robbery and went to a nearby bank to alert an off-duty police officer. That officer arrived at the front of the store and ordered the three men to stop. Respondent fired a shot at the officer and the officer returned the fire but the trio escaped. Respondent and his accomplices were apprehended. In addition to being positively identified by the store manager and the police officer at trial and in a lineup, respondent made an oral and written confession which was admitted in evidence. At his trial, respondent offered no direct evidence and was convicted of robbery in the first degree, armed criminal action,…
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