Borden v. State

THOMAS E. HUEY, Retired Circuit Judge.

The appellant was convicted of attempt to commit murder and assault in the first degree. He was sentenced to imprisonment in the penitentiary for eighteen years under Count I of the indictment and eighteen years under Count II, the sentences to run concurrently. The appellant pleaded not guilty, including self-defense.

I

On January 26, 1982, Rhonda Sparks, the ex-wife of Ricky Sparks, was at the ECM hospital in Florence, Alabama, attending her young daughter who was a patient at the hospital. The appellant, James Randall Borden, had been dating Rhonda…