State v. Greene

Court of Appeals of North Carolina

State v. Greene

296 S.E.2d 802, 59 N.C. App. 360, 1982 N.C. App. LEXIS 3115

CourtCourt of Appeals of North Carolina

DecidedNovember 2, 1982

Docket8217SC359

StatusPublished

Cited by3 cases

This text of 296 S.E.2d 802 (State v. Greene) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Greene, 296 S.E.2d 802, 59 N.C. App. 360, 1982 N.C. App. LEXIS 3115 (N.C. Ct. App. 1982).

Pincite

Opinion

WHICHARD, Judge.

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.

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).

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

Appeal dismissed.

Judges Vaughn and Wells concur.

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