context: Some jurisdictions that require that the specific underlying offense be identified in the charge, however, do not require that all the elements of the underlying felony itself be alleged, as mandated in Miles. The courts instead require only that the specific underlying felony be identified by name or statutory reference.
citation_a.signal: see
citation_a.parenthetical: holding that "an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense"
citation_a.sentence: See, e.g., State v. Hartz, 65 Wash.App. 351, 354-55, 828 P.2d 618, 620-21 (1992) (holding that although the specific underlying felony is an essential element of' felony-murder, the government is not required to include the elements of the underlying felony or state the specific means by which it alleges the defendant committed the underlying felony); Demouchette v. State, 591 S.W.2d 488, 490 (Tex.Crim.App.1979) (holding that “an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense”), cert. denied, 453 U.S. 913, 101 S.Ct. 3146, 69 L.Ed.2d 996 (1981); see also State v. Lindsey, 446 So.2d 1074, 1076 (Fla.1984) (holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault).
citation_b.signal: see also
citation_b.identifier: 446 So.2d 1074, 1076
citation_b.parenthetical: holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault
citation_b.sentence: See, e.g., State v. Hartz, 65 Wash.App. 351, 354-55, 828 P.2d 618, 620-21 (1992) (holding that although the specific underlying felony is an essential element of' felony-murder, the government is not required to include the elements of the underlying felony or state the specific means by which it alleges the defendant committed the underlying felony); Demouchette v. State, 591 S.W.2d 488, 490 (Tex.Crim.App.1979) (holding that “an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense”), cert. denied, 453 U.S. 913, 101 S.Ct. 3146, 69 L.Ed.2d 996 (1981); see also State v. Lindsey, 446 So.2d 1074, 1076 (Fla.1984) (holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault).