State v. Borman

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by the defendant, Kevin C. Borman, from his conviction for intentional second-degree murder. Borman was charged with first-degree premeditated murder, and the jury found him guilty of intentional second-degree murder. Borman appeals, contending the instruction given on diminished capacity was erroneous because (1) it applied diminished capacity to Borman’s intent to premeditate and not his intent to kill and (2) the instruction included language which was not warranted by the facts of the case.

On July 10,1995, the…