One member of tbe Court, Schenck, J., being absent, and tbe remaining four being equally divided in opinion as to whether tbe matters of law or legal inference, debated on argument and brief, are presented by tbe record, tbe judgment of tbe Superior Court, accordant *734 with the usual practice in such, cases, is affirmed and stands as tbe decision in this ease, without becoming a precedent. S. v. Swan, 209 N. C., 836, 183 S. E., 285; Sessoms v. R. R., 208 N. C., 844, 182 S. E., 112.

Affirmed.