STATE v. FATTORUSSO

No. 68-475.

228 So.2d 630 (1969)

The STATE of Florida, Appellant, v. Doris Cook FATTORUSSO, Appellee.

District Court of Appeal of Florida. Third District.

December 2, 1969.


Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., Richard E. Gerstein, State's Atty., and Charles D. Edelstein, Asst. State's Atty., for appellant.

Irwin J. Block and Barry N. Semet, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.


SWANN, Judge.

The defendant below, Doris Cook Fattorusso, was charged by information with the crime of performing an abortion. She filed a motion to quash. The trial court treated it as a motion to dismiss and on March 14, 1968 orally dismissed the information with leave for the state to refile within twenty (20) days. The oral grounds stated for the dismissal of the information were that it contained the word "shot * * * the term shot is slang * * * means nothing...

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