Hall v. State

MEYERS, PRICE, JOHNSON, and COCHRAN, JJ., joined.

An important issue in this case was whether the offense of aggravated assault by threat is a lesser-included offense of murder. We granted review to resolve ambiguities and conflicts in our decisions about the method of determining whether the allegation of a greater offense includes a lesser offense. We hold that the determination should be made by comparing the elements of the greater offense, as the State pled it in the indictment, with the elements in the statute that defines the lesser offense. We decide that aggravated assault was not a…