Court of Criminal Appeals of Texas
David Lee Garrett, Appellant v. the State of Texas, Appellee
November 22, 19781978 Tex. Crim. App. LEXIS 1443
Summary
The Court held that an aggravated assault that is the same act causing a death cannot serve as the underlying felony for a felony murder conviction under Texas Penal Code §19.02(a)(3), and therefore reversed the murder conviction and dismissed the indictment.