313 N.C. 593
330 S.E.2d 205
Supreme Court of North Carolina
Decided June 4, 1985
Supreme Court of North Carolina · decided 1985-06-04
Criminal Law 177 — evenly divided Court — judgment affirmed — no precedent Where one member of the Supreme Court did not participate in the consideration or decision of a case and the remaining six justices are equally divided, the decision of the Court of Appeals is affirmed and stands without precedential value.
Relies on State v. Johnson
Good law ✅— No negative treatment on recordhow we know
Decided 1985-06-04
Cited by 7 later decisions — most recently April 2014
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 Justice Vaughn took no part in the consideration or decision of this case. The remaining members of this Court were equally divided with three members voting to affirm the decision of the Court of Appeals and three members voting to reverse. Therefore, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See State v. Johnson, 286 N.C. 331, 210 S.E. 2d 260 (1974).
¶2 Affirmed.