o crime for murder until the victim dies. Thus, a conviction for assault with the intent to murder is a completely different crime from that of murder. At the time the defendant was convicted of assault, the crime of murder had not yet been completed, and could not have been prosecuted. Thus, although the elements of assault also constitute some of the elements of murder, they do not constitute all of the elements. The one crucial element is still missing: the death of the victim. This additional element separates murder from assault as a new crime. Hill v. State, 149 S.W. 2d 93, 95-96 (Tx. Ct. of Crim. App. 1941).
In a third Texas case, the defendant struck a 13 year-old girl with his truck while driving drunk. The defendant was convicted of driving while intoxicated before the girl died; after her death he was charged with and convicted of involuntary manslaughter. The elements constituting the offense of driving while intoxicated are also present in the offense of involuntary manslaughter. The court held that altho
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