Arrestable Offenses / Crimes under Fla. Stat. 859.01
S859.01 - FOOD-HEALTH OR SAFETY - POISON FOOD WATER OR MEDICINE WIT KILL OR INJ - F: F
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1153903
...Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. B.M.B. appeals her adjudication for poisoning food or water with intent to kill or injure, a violation of section 859.01, Florida Statutes (2004)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 14643, 2006 WL 2520048
STONE, J. 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: *744 Whoever 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....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 4220310, 2012 Fla. App. LEXIS 15863
...olyn Stewart’s motion to modify sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We have jurisdiction. §
924.07(l)(e), Fla. Stat. (2011). After a jury trial, Stewart was convicted of poisoning food and water in violation of section
859.01, Florida Statutes (2004), and battery in violation of section
784.03, Florida Statutes (2004)....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 6593
with intent to kill or injure, a violation of section
859.01, Florida Statutes (2004). We conclude that
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6995, 2004 WL 1103375
STONE, J. Foster, charged with the crimes of poisoning and grand theft, appeals her conviction of the non-existent crime of attempted poisoning. Once an attempt to poison is proven, under section 859.01, Florida Statutes, the elements of the crime of poisoning are also established....
...A chemist tested the residue from the can and found that it contained the same active ingredient, brodifacoum, as rat poison. Foster confessed, stating that she only intended to make the optometrist temporarily sick. The trial court correctly instructed the jury on the elements of the crime of poisoning under section 859.01, Florida Statutes, stating: Before you can find the defendant guilty of poisoning food or water the State must prove the following four elements beyond a reasonable doubt....
...Element number three, Femesha Foster knew that the substance was poison. Element number four, Femesha Foster did so with the intent to kill or injure another person. Patently, the statutory definition of the crime of poisoning includes the attempt to poison, as section 859.01 requires only proof that the defendant knowingly mingled poison with food or drink with the intent to kill or injure....
