KATHERINE M. COLE
v.
STATE OF FLORIDA
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The Florida Supreme Court reversed a third-degree murder conviction, finding the evidence insufficient to support the conviction. The case involved a naturopath physician accused of causing a fatal abortion.
No, the evidence is insufficient to satisfy the legal requirements for a conviction.
“The only question we consider essential to discuss is whether the evidence is sufficient.”
Identifies the primary legal issue on appeal.
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Join FLexlaw to unlock all legal intelligenceKatherine M. Cole, a naturopath physician, was convicted of third-degree murder. The state alleged she performed an abortion that resulted in the pati…
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Appellant was convicted on an information charging murder in the third degree. She waived a jury and was tried before the court. The only question we consider essential to discuss is whether the evidence is sufficient.
Appellant is a naturopath physician and the deceased came to her for treatment. It is the state’s contention that appellant produced an abortion on deceased which resulted in her death. It is appellant’s contention that deceased had the abortion when she first saw her and that she merely treated her for the after effects. It would serve no useful purpose to detail at length the evidence pro and con on these contentions. We have studied it carefully and find it inadequate to satisfy the requirements of the law.
The judgment is reversed.
TERRELL, BROWN and BUFORD, JJ., concur.
CHAPMAN, C. J., THOMAS and SEBRING, JJ., dissent.