State v. McNeill, 239 N.C. 679 (1954)

March 17, 1954 · Supreme Court of North Carolina
239 N.C. 679


(Filed 17 March, 1954.)

Appeal and Error §§ 20a, 31g: Criminal Law § 77b—

The rule requiring that the evidence be set out in the record in narrative form is mandatory and may not be waived by the parties, and will be enforced by the Supreme Court ex mero motu, and failure to comply with the rule requires dismissal of the appeal in the absence of error appearing on the face of the record proper.

Appeal by defendant from Burgwyn, Emergency J., September Criminal Term 1953 of HaeNett.

Judgment affirmed; appeal dismissed.

Criminal action tried on appeal from the Recorder’s Court of Harnett County on a warrant charging the defendant with the unlawful possession of intoxicating liquor for the purpose of sale.

' The jury returned a verdict of guilty, and from the judgment imposed the defendant appealed.

Attorney-General McMullan, Assistant Attorney-General Bruton, Gerald F. White, Member of Staff, and William P. Mayo, Member of Staff, for the State.

Young & Taylor for defendant, appellant.

*680Per Curiam.

Tbe ease was settled by agreement of counsel. All tbe evidence in tbe case is by question and answer, and not in narrative form, and therefore does not comply with Rule 19 (4), Rules of Practice in tbe Supreme Court, 221 N.C. 544, p. 556.

This Rule is mandatory, and may not be waived by tbe parties. S. v. Powell, 238 N.C. 550, 78 S.E. 2d 248; Casey v. R. R., 198 N.C. 432, 152 S.E. 38; Bank v. Fries, 162 N.C. 516, 77 S.E. 678. See also Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126.

This mandatory Rule will be enforced by this Court ex mero motu. Anderson v. Heating Co., 238 N.C. 138, 76 S.E. 2d 458, and cases cited. “Tbe Court has not only found it necessary to adopt them (tbe Rules), but equally necessary to enforce them and to enforce them uniformly.” Pruitt v. Wood, supra, where many of our cases are cited in which appeals were disposed of for failure to comply with tbe Rules.

According to our decisions tbe judgment will be affirmed, and tbe appeal dismissed, as no error appears in tbe Record proper.

Judgment affirmed; appeal dismissed.