State v. Johnson

210 S.E.2d 260, 286 N.C. 331, 1974 N.C. LEXIS 1233

Opinion

Per Curiam.

Justice Dan K. Moore, having been the Governor of North Carolina at the time the State’s decision to condemn respondents’ property was made and this proceeding instituted, did not sit when the two prior appeals in this case were heard. See State v. Johnson, 278 N.C. 126, 179 S.E. 2d 371 (1971) ; State v. Johnson, 282 N.C. 1, 191 S.E. 2d 641 (1972). He does not sib in this appeal. The remaining six justices being equally divided in opinion as to whether prejudicial error was committed in the trial below, the judgment of the Superior Court stands affirmed in accordance with the usual practice in such cases and decides this case without becoming a precedent. Parrish v. Publishing Co., 271 N.C. 711, 157 S.E. 2d 334 (1967) ; Burke v. R. R., 257 N.C. 683, 127 S.E. 2d 281 (1962) ; State v. Smith, 243 N.C. 172, 90 S.E. 2d 328 (1965) ; James v. Rogers, 231 N.C. 668, 58 S.E. 2d 640 (1950) ; Parsons v. Board of Education, 200 N.C. 88, 156 S.E. 243 (1930) ; Hillsboro v. Bank, 191 N.C. 828, 132 S.E. 657 (1926) ; McCarter v. Railway Company, 187 N.C. 863, 123 S.E. 88 (1924) ; 1 N. C. Index 2d, Appeal and Error §§ 46, 64 (1967).

Affirmed.

Justice Moore did not participate in the consideration and decision of this case.