BOBBITT, C.J.
Arterburn, J., has heretofore declared himself to be incompetent to participate in the decision in this case.
Bobbitt, C.J., and Achor, J., are of the opinion that the decision of the trial court should be affirmed, while Emmert and Landis, JJ., are of the opinion that the decision of the trial court should be reversed and the appellant granted a new trial.
The four judges participating being equally divided at the last term of court...
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