SMITH v. STATE

PER CURIAM.

Mr. Justice CONNOR T. HANSEN having taken no part in the decision upon this writ of error to review the judgment and the other members of the court being equally divided on the question of whether the judgment should be affirmed or reversed, Mr. Chief Justice HALLOWS, Mr. Justice WILKIE, and Mr. Justice HEFFERNAN being of the opinion that the judgment should be reversed or a new trial ordered, and Mr. Justice BEILFUSS, Mr. Justice HANLEY, and Mr. Justice ROBERT W. HANSEN being of the opinion that the judgment should be affirmed, the judgment appealed from is affirmed under the rule.

Judgment affirmed.

CONNOR T. HANSEN, J., took no part.