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59 N.C. App. 360

296 S.E.2d 802

State v. Greene

Court of Appeals of North Carolina

Decided November 2, 1982

Court of Appeals of North Carolina · decided 1982-11-02

Cited by 6 later decisions — most recently March 1983

6 state decisions

Relies on 58 N.C. App. 818 - State v. Wilson · 59 N.C. App. 236 - State v. Nickerson

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-02

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WHICHARD, Judge.

¶1 Pursuant to Rule 9(c)(1), Rules of Appellate Procedure, defendant chose to file a stenographic transcript of the trial proceedings in lieu of a narration of the evidence. He did not, however, reproduce verbatim and attach as an appendix to his brief those portions of the transcript essential to an understanding of the questions presented, as required by Rule 28(b)(4), Rules of Appellate Procedure, when the stenographic transcript option is chosen.

¶2 Failure to observe the requirements of Rule 28(b)(4) constitutes a substantial impediment to the capacity of this Court to perform its functions. “Rules of Appellate Procedure are mandatory and failure to observe them is grounds for dismissal of the appeal.” State v. Wilson, 58 N.C. App. 818, 819, 294 S.E. 2d 780 (1982). See also State v. Nickerson, 59 N.C. App. 236, 296 S.E. 2d 298 (1982).

¶3 Because of defendant’s failure to observe the requirements of Rule 9(c)(1) and Rule 28(b)(4), the appeal is dismissed.

¶4 Appeal dismissed.

Judges Vaughn and Wells concur.
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