AMARILLO, TX — The Seventh District Court of Appeals has reversed the murder conviction of an ex-daycare worker accused of killing a 4-month-old girl and remanded the case to the trial court.
Marian Fraser was convicted of murder in 2015 for the 2013 antihistamine overdose death of 4-month-old Clara Felton.
She was sentenced to 50 years confinement and was assessed a $10,000 fine.
Fraser was accused of giving the baby an overdose of diphenhydramine, Benadryl's active ingredient.
In 2017, the appellate court ruled that a McLennan County jury convicted her of murder for reckless or criminally negligent conduct rather than intentional conduct as required by a murder charge.
On Monday, December 21, 2019, the court found that because her conviction was potentially based on underlying felony offenses of reckless or criminally negligent injury to a child, or reckless or criminally negligent child endangerment, the theories do not support a felony murder conviction.
Fraser's case was remanded back to trial court.
