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STATE v. SMITH

No. 290.

90 S.E.2d 328 (1955)

243 N.C. 172

STATE v. Calvin Spencer SMITH.

Supreme Court of North Carolina.

November 23, 1955.

Attorney(s) appearing for the Case

Wm. Rodman, Jr., Atty. Gen., Samuel Behrends, Jr., Asst. Atty. Gen., for the State.

Fate J. Beal, Marshall E. Cline, Lenoir, for defendant appellant.

PER CURIAM.

The Court being evenly divided in opinion as to whether error prejudicial to defendant is shown in the record on this appeal, Higgins, J., not sitting, the judgment of the Superior Court is affirmed without becoming a precedent. Cole v. Atlantic Coast Line R. Co., 211 N.C. 591, 191 S.E. 353; Allen v. Mutual Life Ins. Co., 211 N.C. 736, 190 S.E. 735, and cases cited. See also Johnston v. Halifax Paper Co., 214 N.C. 828, 199 S.E. 20; Toxey v. Meggs, 216...

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