
    Sam (alias Mack) Taylor, Plaintiff in Error, v. The State of Florida, Defendant in Error.
    
    Opinion Filed November 5, 1923.
    Petition for rehearing denied November 23, 1923.
    This case was decided by Division B.
    Where the evidence in the record, although conflicting, is sufficient to sustain a conviction, the judgment will he affirmed where it is not made to appear that the jury were influenced by considerations outside the evidence.
    A Writ of Error to the Circuit Court for Dade County; H. Pierre- Branning, Judge.
    Affirmed.
    
      G. C. McClure and James R. Cooper, for Plaintiff in Error;
    
      Rivers Buford, Attorney General, and J. B. Gaines, Assistant Attorney General, for the State.
   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 judgmart 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.  