Judges: PER CURIAM.
Attorneys: John Lewis Reese, and Coe McLane, for Plaintiff in Error:
George Couper Gibbs, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General for the State.
Filed: Sep. 27, 1938
Latest Update: Mar. 02, 2020
Summary: In this cause Mr. Chief Justice ELLIS, Mr. Justice WHITFIELD and Mr. Justice TERRELL are of the opinion that the judgment of the Trial Court should be affirmed while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice CHAPMAN are of the opinion that the said judgment should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the judgme
Summary: In this cause Mr. Chief Justice ELLIS, Mr. Justice WHITFIELD and Mr. Justice TERRELL are of the opinion that the judgment of the Trial Court should be affirmed while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice CHAPMAN are of the opinion that the said judgment should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the judgmen..
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On rehearing the opinion written by Mr. Justice BUFORD, and filed September twenty-seventh, 1938, is adopted as the decision of the Court, and it is, therefore, ordered that the judgment of the lower court be, and it is hereby reversed.
TERRELL, C.J., and WHITFIELD, BROWN, BUFORD, CHAPMAN and THOMAS, J.J., concur.
