Appeal and Error 64 — evenly divided court — decision affirmed — no precedent Where one member of the Supreme Court did not participate in the consideration or decision of a case and the remaining six Justices are equally divided, the decision of the Court of Appeals is affirmed without becoming a precedent.
Justice MARTIN did not participate in the consideration or decision of this case.
PER CURIAM.
The facts in this case are fully stated in the decision of the Court of Appeals. Judge (now Justice) Harry C. Martin participated in the decision of this case as a member of the Court of Appeals and therefore took no part in the consideration or decision of the appeal before this Court. The remaining members of this Court were equally divided, three members voting to affirm the decision of the Court of Appeals and three members voting to reverse. Therefore the decision of the Court of Appeals is left undisturbed as the law of the case but stands without precedential value.
Affirmed.
Justice MARTIN took no part in the consideration or decision of this case.