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CARR v. STATE

No. 61-153.

136 So.2d 28 (1962)

Harry Newton CARR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

January 4, 1962.

Attorney(s) appearing for the Case

Johnson E. Davis and Oakley G. Smith, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.

CARROLL, Judge.

Appellant was convicted by a jury in the Criminal Court of Record in Dade County of abortion under § 797.01, Fla. Stat., F.S.A., and sentenced to imprisonment for three years. On this appeal, in addition to a question relating to the admissibility of certain evidence which we find is without merit, it is contended on behalf of the appellant that prejudicial error resulted when the trial judge, during the trial and in the presence of the jury,...

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