State v. Osbey

The opinion of the court was delivered by

Lockett, J.:

Jacqueline (Jackie) L. Osbey was convicted by a jury on one count of murder in the first degree and on a second count of unlawful possession of a firearm. Osbey appealed claiming (1) the judge improperly instructed the jury, and (2) she was prejudiced when the judge failed to impose the sentence for count two at the time of sentencing for count one.

Testimony at trial established that Jackie was a victim of her husband Joel’s viplence throughout the two-year history of their marriage. Witnesses testified that on numerous occasions they had…