ARTERBURN, C.J.
There being only four judges as members of this Supreme Court at the present time since the recent resignation of Achor, J., Myers and Rakestraw, JJ. are of the opinion that the decision of the trial court should be affirmed, while Arterburn, C.J. and Jackson, J. are of the opinion that the decision of the trial court should be reversed and the appellant granted a new trial.
The four judges participating being equally divided at the last term...
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