Appeal and Error 64 — evenly divided Court — decision affirmed without becoming precedent Where one member of the Supreme Court did not participate in the consideration or decision of the case and the remaining six justices are equally divided, the decision of the Court of Appeals is affirmed without becoming a precedent.
Justice WEBB did not participate in the consideration or decision of this case.
PER CURIAM.
The Court is evenly divided. Under these circumstances, following the uniform practice of this Court and the ancient rule of praesumitur pro negante, the decision of the Court of Appeals is affirmed, not as precedent but as the decision in this case.
Affirmed.
Justice WEBB did not participate in the consideration or decision of this case.