State v. Neely

BROCK, Chief Judge.

Judge Snepp was correct in concluding that the Superior Court was without authority to order a new trial for defendant under the facts summarized above.

Defendant should have proceeded to compile his record on appeal to the extent possible. If the Reporter is unable to furnish a transcript, a statement of that fact, agreed to by the Solicitor or settled by the judge, should be included in the record on appeal. In lieu of the usual narrative statement of evidence, defendant should set out the facts upon which his appeal is based, any defects appearing on the face of the…