lesser included offense of murder, which he claims was supported by the evidence because the jury could have reasonably rejected the state’s evidence that Robertson killed Brau in the course of a robbery. Robertson argued that a non-capital conviction was possible because the jury could have believed that he did not form the intent to rob Brau until after he shot and killed her, which Robertson claims would have negated the element required to define his offense as a capital crime. The Texas Court of Criminal Appeals rejected Robertson’s arguments, holding that the government’s evidence was sufficient to prove beyond a reasonable doubt that Robertson committed Brau’s murder in the course of committing a robbery, as that element is defined by Texas law. See Robertson, 871 S.W.2d at 705 (<HOLDING>). The Court also held that Robertson was not
holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury holding that the intent to rob must be formed before the murder but that there is no requirement that the wrongful appropriation take place before the murder holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill