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STATE v. CHARLOTTE LIBERTY MUT. INS. CO.

No. 10.

258 S.E.2d 343 (1979)

298 N.C. 270

The STATE of North Carolina v. CHARLOTTE LIBERTY MUTUAL INSURANCE COMPANY. The STATE of North Carolina v. George Henry TALBOT. The STATE of North Carolina v. MID-SOUTH INSURANCE COMPANY. The STATE of North Carolina v. Walter Burns CLARK.

Supreme Court of North Carolina.

October 3, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Christopher P. Brewer, Associate Atty., Raleigh, for the state.

Cansler, Lockhart, Parker & Young, P. A., by Joe C. Young, Bruce M. Simpson, Charlotte, for defendants Charlotte Liberty Mut. Ins. Co. and George Henry Talbot.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins, Fayetteville, for defendants-appellees Mid-South Ins. Co. and Walter Burns Clark.

PER CURIAM.

Justice Brock, being absent on account of illness, did not participate in the consideration and decision of this case. The remaining six justices are equally divided as to whether the Court of Appeals erred in concluding that each summons issued failed to charge a criminal offense specified by G.S. 163-270 or G.S. 163-278.19(a) and in affirming the orders of the trial divisions quashing each summons. Therefore, in accordance with our practice, the decision...

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