AILER v. STATE

No. 399.

114 So.2d 348 (1959)

Alberta E. AILER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied September 21, 1959.


Attorney(s) appearing for the Case

Jordan Johnson, West Palm Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Irving B. Levenson, Asst. Atty. Gen., for appellee.


KANNER, Judge.

Alberta E. Ailer, sixty-six years of age and a practical nurse, was convicted of the commission of the crime of abortion. While there are several questions presented on the appeal, we shall confine our consideration to what we deem the major complaint. This question challenges the propriety of the trial judge's action in denying a mistrial when the county solicitor in his argument to the jury stated, in effect, that the accused had been committing abortions...

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