Reexamination on order of the United States Supreme Court
This case together with several others 1 was ordered reexamined in light of Albernaz v. United States, 450 U.S. -, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981). Since all of the courts of appeals rulings were based upon our ruling in Sours v. State, 593 S.W.2d 208 (Mo.banc 1980) (Sours I) or Sours v. State, 603 S.W.2d 592 (Mo.banc 1980) (Sours II), the cases were all ordered transferred to this Court. Our examination of the double jeopardy issue made in light of Albernaz pursuant to the orders of the United States Supreme Court, appears in State v. Haggard, 619 S.W.2d 44 (Mo.banc No. 62227), decided July 14, 1981.
The original opinion filed by the Missouri Court of Appeals, Eastern District, State v. Williams, 610 S.W.2d 644 (Mo.App.1980), is approved and affirmed and by reference made a part of this opinion. Sours v. State, 603 S.W.2d 592 (Mo.banc 1980) (Sours II), cert. denied, Missouri v. Sours, - U.S. -, 101 S.Ct. 953, 67 L.Ed.2d 118 (1981); and State v. Haggard, 619 S.W.2d 44 (Mo.banc 1981).
We reverse the conviction and sentence for armed criminal action. We affirm the convictions and sentences for assault with intent to rape with malice aforethought and carrying a concealed weapon.
DONNELLY, C. J., and SEILER, WEL-LIVER, MORGAN, HIGGINS and BARD-GETT, JJ., concur.
RENDLEN, J., concurs in part and dissents in part in separate opinion filed.