
    Walter L. MEDLIN, Appellant, v. STATE of Florida, Appellee.
    No. 41808.
    Supreme Court of Florida.
    Oct. 11, 1972.
    James M. Russ, Orlando, for appellant.
    Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., for ap-pellee.
   PER CURIAM.

This cause is before us on appeal from the Circuit Court, Osceola County, to review the judgment entered on a verdict of guilty of three .offenses of procuring a miscarriage in violation of Florida Statutes § 797.01, F.S.A. Since the validity of the Statute in question was challenged and ruled on below, this Court has jurisdiction of the appeal under § 4, Article V of the Florida Constitution, F.S.A.

Subsequent to appellant’s conviction and pending his appeal, this Court, in State v. Barquet, 262 So.2d 431 (Fla.1972), held Florida Statutes § 797.01, F.S.A., unconstitutional.

Accordingly, the judgment of the trial court is reversed and the conviction set aside.

It is so ordered.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.  