Lawson v. State

OPINION

in which KELLER, P.J., WOMACK, KEASLER, HOLCOMB, and COCHRAN, J.J., joined.

Appellant was convicted of murder pursuant to the felony murder doctrine embodied in Texas Penal Code, Section 19.02(b)(3). That section provides that a person is guilty of murder if he causes the death of another during the commission of a felony, other than manslaughter. The instant indictment alleged that appellant killed the victim while committing an “intentional and knowing” aggravated assault of that individual.

Appellant claimed on direct appeal that he could not be prosecuted for murder under Section…