Ex Parte Bailey

OPINION

DOUGLAS, Judge.

This is an application for writ of habeas corpus. Article 11.07, V.A.C.C.P.

Bailey was charged with murder under V.T.C.A., Penal Code, Section 19.02(a)(3), which reads as follows:

“(a) A person commits an offense if he:

“(3) commits or attempts to commit a felony, other than voluntary or involuntary manslaughter, and in the course of and in the furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.”

The indictment states…