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48 N.C. App. 740

State v. Stafford

Court of Appeals of North Carolina

Decided September 16, 1980

Court of Appeals of North Carolina · decided 1980-09-16

Relies on Craver v. Craver · 42 N.C. App. 724 - State v. Brown · State v. Brown

Decided 1980-09-16

HILL, Judge.

¶1*741Defendant has violated App. R. 10(b) and (c) by failing to set forth any exceptions following the judicial action of which he complains and by failing to base his assignments of error on proper exceptions. Exceptions not preserved and set forth as required by the Appellate Rules are deemed abandoned. The Rules of Appellate Procedure are mandatory. Craver v. Craver, 298 N.C. 231, 258 S.E. 2d 357 (1979); State v. Brown, 42 N.C. App. 724, 257 S.E. 2d 668 (1979), disc. rev. denied, 299 N.C. 123 (1980).

¶2We have carefully examined the record on appeal in light of the provisions of Appellate Rule 2,.which permits this Court on its own initiative to vary or waive the rules to prevent manifest injustice. We find the State’s evidence of the defendant’s guilt to be substantial, and we find waiver of the rules in this case is not warranted.

¶3For the reasons stated above, the appeal is

¶4Dismissed.

Judges Clark and Martin (Harry C.) concur.
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