Jesseca Bain Carson v. State

OPINION

Opinion by

Justice CARTER.

I. Introduction

Jesseca Bain Carson was convicted of capital murder, as a party to the murder, of her thirteen-month-old child by her boyfriend while he; over a period of thirty hours of physical torture, attempted to exorcise the demon he claimed resided within the child. Carson was sentenced to life without possibility of parole.

Carson’s appeal asserts that:

• the evidence is insufficient to show that she participated with her boyfriend in the murder;

• there is a fatal variance between alle-gata “unknown to the grand jury” and the proof at trial of cause of…