State v. Borman
264 KAN. 476, 956 P.2D 1325, 1998.KS.86
Missouri Court of Appeals Eastern District
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This is a direct appeal by the defendant, Kevin C. Borman, from his conviction for intentional second-degree murder. Borman was charged with first-degree premeditated murder, and the jury found him guilty of intentional second-degree murder. Borman appeals, contending the instruction given on diminished capacity was erroneous because (1) it applied diminished capacity to Bormans intent to premeditate and not his intent to kill and (2) the instruction included language which was not warranted by the facts of the case.