Appellate court reverses murder conviction of ex-daycare worker, remands case back to trial court

Posted at 4:09 PM, Dec 23, 2019
and last updated 2019-12-23 17:09:08-05

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.