State v. McCain

MARTIN (Harry C.), Judge.

Counsel for appellant failed to include in the record on appeal the order of the trial court overruling defendant’s objection to the in-court identification of defendant. This is in violation of Rule 9(b)(3) (viii) and (x) of the North Carolina Rules of Appellate Procedure. These rules are mandatory. The defendant appellant has the duty to see that the record on appeal is properly made up. State v. Stubbs, 265 N.C. 420, 144 S.E. 2d 262 (1965); State v. Byrd, 4 N.C. App. 672, 167 S.E. 2d 522 (1969). Defendant does include in the record on appeal a statement that the…