Myra Lee Harris v. State Texas Book Reviews

Myra Lee Harris v. State Texas by Court of Criminal Appeals of Texas No. 030-82 Book Summary

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW McCormick, Judge This is a petition for discretionary review brought by the appellant from the Eleventh Supreme Judicial District Court of Appeals in Eastland. Appellant was convicted of injury to a child, and punishment was assessed at twenty years' confinement and a $10,000 fine. The sole ground to be reviewed is whether the Court of Appeals erred in holding that the trial court properly admitted into evidence a color photograph taken of the victim after an autopsy. Dr. Joe Hall testified that he performed an autopsy on the seven-month-old female victim. An external examination of the child revealed an underweight child with an extensive diaper rash, discoloration of the skin and erosion of the skin surface around the genital and upper leg area. The external examination of the child's skull revealed no injury. Dr. Hall testified that he deflected the child's scalp in order to further examine the skull. When the scalp was so deflected, it became apparent that there were areas of hemorrhage or bruising in the deep tissue of the scalp. Underlying one of the bruises on the left side of the scalp, the doctor found a depressed fracture of the skull. At the lower portion of the depression, Dr. Hall found an inch long linear fracture. The child's death resulted from the depressed skull fracture which caused pulmonary edema (a collection of fluids in the lungs). Dr. Hall testified that just by looking at the child's head the injury was not visible -- only after the scalp was pulled back was it apparent. State's Exhibit 6, a color photograph showing the child's skull after the skin had been deflected back, was then admitted over appellant's objection. The depressed fracture is clearly visible. Appellant maintains that admission of this photograph constituted reversible error.

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