Herbert v. State

The appellant was indicted for the first degree murder of his pregnant wife. Prior to trial the appellant was ordered committed to Bryce Hospital for an investigation of his sanity pursuant to Title 15, Section 428, Code of Alabama 1940, Recompiled 1958. Approximately three months later the Forensic Evaluation Board of that hospital found that the appellant was competent to stand trial, but that he "was probably psychotic and not legally sane at the time of the alleged crime". A jury found the appellant guilty of murder in the second degree and fixed his punishment at twenty-five years'…