Whether Robbery and Second Degree Murder constitute the 'same offense' under the Double Jeopardy Clause

No question identified. : . STATEMENT OF CLAIMS _ : i). The principal question in this case is whether Robbery and . Second Degree Murder, a greater and lesser include offense under, ; Pennsylvania Law, constitute the “same offense" under the Double : Jeopsrdy Clause. Pursuant to 18 Pa.C.S. § 2502 (b). Second Degree Murder “must. consist" of an underlying felony reauirement [Mandate], pursuant to-the Act of October 5, 1980, P.L.. 693, No. “142, "All Second Degree Murder Charges, indictments and... * , convictions” must contain the underlying felony requirement. Pititioner having been convicted of Second Degree Murder and : ; sentenced to (20) years plus a consecutive life sentence for Robbery imposed at a singlecriminal Trial violated the Fifth Amendment double jeopardy guarantee against multiple punishments ' for the same offense. ; , ; ; a , _QUESTION(S) FOR THE COURT . “ ; 2). The Double Jeopardy Clause of the Fifth Amendment, applicable to the States through the Fourteenth,.’ provides that no person : ; . + shall “be subject for the asame offense to be twice put in ‘jeopardy of life or limb". It has’ long. been understood that | separate statutory crimes need not be identicical-either in constituent elements or in actual proof-in order to be. the same . within the meaning of the constitutional prohibition. 1 J. Bishop, New Criminal Law § 1051 (8th ed 1892); Comment, twice in Jeopardy, . 75 Yale LJ 262,-268-269 (1965). The principal question in this ©» , case is whether Robbery and Second Degree Murder, a greater and lesser includedoffense under Pennsylvania law, Constitute the . a “same offense” under the Double Jeopardy Clause ? . c oe _