Christian v. State
Where the defendant was convicted of murder committed in the course of delivering a controlled substance, Penal Code §1.03
did not bar the use of a violation of a drug offense in the Health and Safety
Code as the felony required to prove an element of murder. The felony offense of murder, contained in the Penal Code, was
charged by the indictment and the manner and means of proving this form
of murder was by the commission of a felony. The felony drug offense
supplied the intent for felony murder and no new offense was created in
the indictment.
