Nature of the Case
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Facts
Hunter (D) and two partners entered a supermarket in Kansas City. D ordered the store manager at gunpoint to open two safes, and struck the manager twice with his revolver. An off-duty officer arrived and ordered the three men to stop. Shooting erupted, and the three men escaped. D was apprehended and convicted of robbery in the first degree, armed criminal action, and assault with malice. D was sentenced: Concurrent terms of 10 years for the robbery and 15 years for armed criminal action, and a consecutive term of five years for assault. D appealed; double jeopardy prohibited against multiple punishments for the same offense. The Missouri Court of Appeals reversed D's conviction for armed criminal action. The Missouri Supreme Court denied review. The United States Supreme Court granted certiorari.
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