BORDEN v. STATE

CR-94-0453.

769 So.2d 935 (1997)

James Henry BORDEN, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand May 29, 1998.

Rehearing Denied August 14, 1998.


Attorney(s) appearing for the Case

Wesley Lavender, Decatur; and Robert D. Weathers, Jr., Decatur, for appellant.

Bill Pryor, atty. gen., and Michael Billingsley, deputy atty. gen., for appellee.


LONG, Presiding Judge.

The appellant, James Henry Borden, Jr., was convicted of murder made capital because he had been convicted of another murder within the 20 years preceding this offense, see § 13A-5-40(a)(13), Ala.Code 1975. The jury, by a vote of 10-2, recommended that the appellant be sentenced to death. The trial court accepted the jury's recommendation and sentenced the appellant to death by electrocution.

The state's evidence tended to show...

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