Borden v. State

The Defendant was indicted and tried for Murder in the First Degree. A jury convicted him of Murder in the Second Degree and fixed his punishment at imprisonment in the penitentiary of Alabama for thirty-two (32) years.

On arraignment the Defendant pleaded not guilty and not guilty by reason of insanity. The Defendant filed a motion requesting a psychiatric examination by the Forensic Evaluation Board at Bryce Hospital, the state agreed to such examination and the Trial Judge ordered the examination. Said board reported its findings to the Court that the Defendant was mildly mentally retarded…