SAM (ALIAS MACK) TAYLOR, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for second-degree murder, finding sufficient evidence to support the jury's verdict despite some conflicting testimony.
Yes, the evidence, though conflicting in some respects, is sufficient to sustain the conviction for murder in the second degree.
“Upon a trial of the issue made by plea of not guilty to the indictment charging murder in the first degree there was a verdict finding defendant guilty of murder in the second degree.”
Describes the outcome of the trial below.
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Join FLexlaw to unlock all legal intelligenceThe defendant was indicted for first-degree murder. A jury found him guilty of second-degree murder. The defendant appealed, challenging the sufficien…
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Per Curiam.
Upon a trial of the issue made by plea of not guilty to the indictment charging murder in the first degree there was a verdict finding defendant guilty of murder in the second degree. Writ of error was taken from this court.
No question is presented or argued in the brief except the sufficiency of the evidence to .sustain the verdict. None other was mentioned in the oral argument of the case.
Though conflicting in some respects, there is in the record evidence sufficient to sustain the conviction. The judg mart is, therefore, affirmed on authority of Newman v. State, 84 Fla. 455, 94 South. Rep. 154; Streety v. State, 85, Fla. 387, 96 South. Rep. 160.
So ordered.
Whitfield, P. J., and West and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.