Moses v. State

Hunstein, Justice.

Daniel Curtis Moses was convicted of the malice murder by suffocation of his girl friend’s infant son and sentenced to life imprisonment.1 He appeals and we affirm.

Evidence adduced at appellant’s trial revealed the following facts. On the morning of March 8, 1992, 17-month-old Justin Diaz was found by appellant in his crib, not breathing. He was taken by his mother, Jeanette Diaz, and neighbors to a hospital. When he arrived, unresuscitated, he was blue and had no heartbeat. Justin died later that day; an autopsy performed on March 10 concluded that Justin’s death was caused…