Dillon held up a gasoline station. During the robbery he shot and killed a customer who attempted to apprehend him. Dillon was prosecuted for premeditated murder and convicted. Thereafter, he was indicted for armed robbery of the station. Before the trial, his attorney moved to dismiss the indictment on the ground that further proceedings were unconstitutional because of Dillon's prior conviction. The motion to dismiss should be
granted, because once Dillon was convicted on any of the charges arising out of the robbery, the prosecution was constitutionally estopped from proceeding against Dillon on any charge stemming from the same transaction.  granted, because the double jeopardy clause prohibits a subsequent trial on what is essentially a lesser included offense.  denied, because there is no constitutional requirement that all known charges against Dillon be brought in the same prosecution.  denied, because estoppel does not apply when the defendant is charged with violating two different statutes. 