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JOSEY v. STATE

No. 69-954.

235 So.2d 736 (1970)

Rose Lee JOSEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 1970.

Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

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

SWANN, Judge.

The defendant, Rose Lee Josey, appeals from her judgment of conviction for the crime of attempted abortion after a non jury trial.

She seeks reversal because of a claimed insufficiency in the evidence to sufficiently establish that she committed any overt act. She relies on Gustine v. State, 86 Fla. 24, 97 So. 207 (1923), which held:

"* * * there must be an intent to commit a crime, coupled with an overt act

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