State v. Benfield

The defendants’ sole assignment of error is that the court below committed error in refusing their motion for judgment as of nonsuit made at the close of the evidence.

Rule 19(d), Rules of Practice in the Court of Appeals of North Carolina, as amended 11 February 1969, requires that the evidence in the case on appeal be in narrative form. If the appellant fails to comply with the provisions of this rule, the Court, in its discretion, may dismiss the appeal. The only reference in the present case to the evidence taken in the court below is in the record and is as follows:

*104 “EVIDENCE IN NARRATIVE…