As petitioner's trial on the charge of Murder in the First Degree is barred solely because the armed robbery for which he was previously convicted is a necessary element of the murder convic-tion, the holding of Harris v. Oklahoma
does not prevent petitioner's trial on a lesser degree of homicide which does not require proof of the armed robbery as a necessary element." Order Denying Relief, No. H-78-322 (July 25, 1978).