Fraser v. Texas (original by presiding judge keller)
Annotate this CaseAppellant Marian Fraser ran a licensed day care center out of her home. She provided care for twelve children, all typically under two years of age. During an afternoon nap at the center, one of the children, C.F., stopped breathing, vomited, and became unconscious. Emergency personnel transported C.F. to the hospital, but despite the best efforts of the doctors, she died. A toxicology report revealed that C.F. had a high level of the drug diphenhydramine in her body. In Johnson v. Texas, 4 S.W.3d 254, 258 (Tex. Crim. App. 1999), the Texas Court of Criminal Appeals held that any felony may serve as a predicate for felony murder as long as it is not manslaughter or a lesser-included offense of manslaughter. Furthermore, the Court held that for the purpose of serving as a predicate felony, “[t]he offense of injury to a child is not a lesser included offense of manslaughter.” Nevertheless, the court of appeals in this case concluded that certain versions of the offense of injury to a child could be lesser-included offenses of manslaughter for the purpose of the felony-murder statute. The court of appeals held that the same could be said for certain versions of the child-endangerment offense. The Court of Criminal Appeals disagreed and reversed the court of appeals: “Because the victim’s status as a child is necessarily an element of the offenses of injury to a child and child endangerment, and that element is not within (or deducible from) the statutory elements of manslaughter, the offenses of injury to a child and child endangerment are never lesser-included offenses of manslaughter for the purpose of the felony-murder statute’s manslaughter exclusion.”
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.