Opinion
Filed 22 March, 1950.
Criminal Law 81b — Where the Supreme court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.
APPEAL by defendant from Bone, J., November Term, 1949, of WAYNE. Affirmed.
Attorney-General McMullan and Assistant Attorney-General Moody for the State.
J. Faison Thomson for defendant.
Defendant was indicted for attempting to burn an uninhabited house. There was verdict of guilty as charged, and from judgment imposing sentence the defendant appealed.
One member of the Court, Justice Barnhill, not sitting, and the remaining members being evenly divided in opinion whether the judgment should be affirmed, or reversed on the motion to nonsuit, in accord with the practice of the Court the judgment of the Superior Court is affirmed as the disposition of the appeal without becoming a precedent. Howard v. Coach Co., 216 N.C. 799, 4 S.E.2d 449.
Affirmed.