Judge. In 1983, Larry Joe Jordan was convicted of murder arising out of the operation of his motor vehicle while intoxicated, and was sentenced to 40 years’ imprisonment. On appeal, this court affirmed the conviction, holding, among other things, that vehicular homicide was not a lesser included offense of murder. Jordan v. State, 486 So.2d 482 (Ala.Cr.App.1985). Our decision was initially reversed by the Alabama Supreme Court, Ex parte Jordan, 486 So.2d 485 (Ala.1986) (<HOLDING>), but the result was later affirmed, on the
holding that under the particular facts alleged in the indictment vehicular homicide was a lesser offense included in the murder charge holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense holding that the defendant who was charged with felony murder was not entitled to a lesser included instruction on manslaughter because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder holding that dwi manslaughter and vehicular homicide are different forms of the same offense recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes