Fraser v. State

OPINION

Patrick A. Pirtle, Justice

Appellant, Marian Fraser, was convicted of the offense of murder2 and sentenced to fifty years confinement and a fine of $10,000. Her appeal addresses a unique issue regarding application of the felony-murder rule—specifically the question of whether a defendant may be convicted of the offense of murder, pursuant to the provisions of section 19.02(b)(3) of the Texas Penal Code, when the underlying felony is either reckless or criminally negligent injury to a child or reckless or criminally negligent child endangerment, and the acts that constitute those…