(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.
Defendant was indicted for attempting to burn an uninhabited bouse. There was verdict of guilty as charged, and from judgment imposing sentence tbe defendant appealed.
Attorney-General McMullan and Assistant Attorney-General Moody for the State.
J. Faison Thomson for defendant.
Per Curiam.
One member of tbe Court, Justice Barnhill, not sitting, and tbe remaining members being evenly divided in opinion whether tbe judgment should be affirmed, or reversed on tbe motion to nonsuit, in accord with tbe practice of tbe Court tbe judgment of the Superior Court is affirmed as tbe disposition of tbe appeal without becoming a precedent. Howard v. Coach Co., 216 N.C. 799, 4 S.E. 2d 449.
Affirmed.