State v. Barber

OPINION

BY THE COURT:

Submitted on motion of the plaintiff-appellee to dismiss the appeal for the reason that the brief of the appellant was not filed with the transcript as required by §13459-3 GC, which in part reads as follows:

“* * * The brief of the appellant shall be filed with the transcript and shall contain the assignments of error relied on in such appeal. * * *”

This Court passed upon this question in State v Jarcho, 65 Oh Ap 417:

“This provision as to the time of filing appellant’s brief is mandatory. It is not controlled by a rule of the appellate court. We have without exception…