Leavitt v. State

Carley, Justice.

Appellant was tried before a jury and found guilty of the felony murder of his wife, the underlying felony being aggravated assault. His motion for new trial was denied and he appeals from the judgment of conviction and life sentence entered by the trial court on the jury’s guilty verdict.

1. Appellant had a history of abusing the victim. On the day of the homicide, a neighbor first heard someone fall to the floor of the upstairs apartment and then heard the victim screaming for help. The neighbor ran to the upstairs apartment and, upon opening the door, observed appellant in…