All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 178 N.C.
App. ___, 630 S.E.2d 703 (2006), reversing and remanding a
judgment entered 12 August 2004 by Judge Leon Stanback in
Superior Court, Wake County, and ordering a new trial. Heard in
the Supreme Court 8 January 2007.
Roy Cooper, Attorney General, by Thomas G. Meacham,
Jr., Assistant Attorney General, and Robert C.
Montgomery, Special Deputy Attorney General, for the
State-appellant.
Amos Granger Tyndall for defendant-appellee.
PER CURIAM.
Justice HUDSON took no part in the consideration or
decision of this case. The remaining members of the Court are
equally divided, with three members voting to affirm and three
members voting to reverse the decision of the Court of Appeals.
Accordingly, the decision of the Court of Appeals is left
undisturbed and stands without precedential value. See State v.
Harrison, 360 N.C. 394, 627 S.E.2d 461 (2006); Crawford v.
Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d 781
(2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781 (2002).
AFFIRMED.
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