State v. Kuick

In this case the defendant’s statement of facts is interwoven with immaterial matters, comment, argument; and stated in the third person, as is the appendix, so that resort must be had to the record to arrive at an accurate statement of facts. The assistant attorney general made no statement of facts because he rightly assumed that the court would read the record, but that is not a sufficient excuse for a failure to state the material facts.

While the rule does not require a statement of facts an orderly presentation of a case to an appellate court involves a consideration of the material…