Carr v. State

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, referred to the defendant’s action as being an - abortion, and stated that an abortion had occurred.

The jury was informed by the…