This casé was argued at the Pali Term, 1934, and, after being considered in conference, was assigned to Justice Brogden for detailed investigation and report. Justice Brogden was taken ill soon thereafter and after several months died without submitting an opinion. Since his death the remaining members of the Court who heard the argument find themselves evenly divided upon the question of awarding the defendant a new trial.

In accord with the established practice, the Court being evenly divided in opinion, Justice Devin not sitting, the judgment of the Superior Court is affirmed and stands as the decision in this case without becoming a precedent. Nebel v. Nebel, 201 N. C., 840, and cases there cited.

Affirmed.