Foster v. State

Foster was convicted under section 859.01, Florida Statutes, of poisoning food or water. She contends that the undefined term “poison” is vague and that the statute is, therefore, unconstitutional on its face and as applied.

The amended information tracks the 2000 version of section 859.01. The statute provides:

*744Whoever mingles any poison with food, drink, or medicine with intent to kill or injure another person, or willfully poisons any spring, well, or reservoir of water with such intent, shall be guilty of a felony of the first degree....

§ 859.01, Fla. Stat. (2000).

“The standard for testing…