State v. Johnson

Justice Dan K. Moore, having been the Governor of North Carolina at the time the State’s decision to condemn respondents’ property was made and this proceeding instituted, did not sit when the two prior appeals in this case were heard. See State v. Johnson, 278 N.C. 126, 179 S.E. 2d 371 (1971) ; State v. Johnson, 282 N.C. 1, 191 S.E. 2d 641 (1972). He does not sib in this appeal. The remaining six justices being equally divided in opinion as to whether prejudicial error was committed in the trial below, the judgment of the Superior Court stands affirmed in accordance with the usual practice…