Opinion

State v. Stafford

  • 48 N.C. App. 740
  • 269 S.E.2d 739
  • 1980 N.C. App. LEXIS 3307
Court
Court of Appeals of North Carolina
Filed
Sep 16, 1980
Status
Published
Author
Hill
On the bench
Clark, Harry, Hill, Martin
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

HILL, Judge.

*741 Defendant 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).

We 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.

For the reasons stated above, the appeal is

Dismissed.

Judges Clark and Martin (Harry C.) concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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