Appeal and Error 46 — evenly divided court — Court of Appeals decision affirmed — no precedent Where one member of the Supreme Court took no part in the consideration or decision of the case, and the remaining six members of the Supreme Court are evenly divided, the decision of the Court of Appeals is affirmed and stands without precedential value.
Justice VAUGHN 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. Durham v. R.R., 113 N.C. 240, 18 S.E. 208 (1893); Reg. v. Millis, 8 Eng. Rep. 844 (1844).
Affirmed.
Justice VAUGHN did not participate in the consideration or decision of this case.