Posey v. State

TYSON, Judge.

The appellant in this case was indicted for the first degree murder of her infant daughter “by holding her face down on a mattress until she suffocated.” The jury found appellant guilty of murder in the second degree and fixed punishment at twenty years imprisonment. The trial judge set sentence accordingly.

On pretrial motion of appellant’s counsel, the court below ordered on February 8, 1978, that appellant be delivered to Bryce Hospital for observation and evaluation pursuant to § 15-16-20 and § 15-16-21, Code of Ala.1975. Subsequently, the superintendent of Bryce Hospital…