An Amarillo state appeals court has ordered a new trial for a former Waco day care center convicted of murder and sentenced to 50 years in prison for the drug-overdose death of an infant in her care.
The 7th Court of Appeals ruled Friday that Marian Fraser's 2015 murder conviction was excessive for the facts of the 2013 antihistamine overdose death of 4-month-old Clara Felton. The 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.
Fraser was accused of giving the baby an overdose of diphenhydramine (die-fehn-HIE'-druh-meen), Benadryl's active ingredient.
The Texas Supreme Court moved the appeal to Amarillo to ease the docket load on the Waco-based 10th Court of Appeal.
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