Biddy v. State

Marshall, Presiding Justice.

James Eugene Biddy was indicted, tried and convicted of the malice murder of his wife, Sherri (Count 1), the felony murder of his wife (Count 2), and aggravated assault on his wife’s cousin, Kathy Jean Mosley (Count 3). He was sentenced to one life sentence for Counts 1 and 2 combined, and a consecutive 10-year sentence for the aggravated assault.

There was evidence adduced at the trial as follows. At the time of the homicide, the appellant and his wife, Sherri, were separated, and she was living with her cousin, Kathy, who generally drove her to and from her job in…