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State v. Moore

Court of Appeals of Ohio
Nov 18, 1948
85 N.E.2d 595 (Ohio Ct. App. 1948)

Opinion

No. 1992

Decided November 18, 1948.

Appeal — Brief to be filed with transcript — Statutory requirement mandatory — Dismissal for failure to comply — Section 13459-3, General Code.

The provisions of Section 13459-3, General Code, requiring appellant to file a brief with the transcript are mandatory, and a motion to dismiss the appeal for failure to comply therewith will be sustained.

APPEAL: Court of Appeals for Montgomery county.

ON MOTION to dismiss.

Mr. Irvin Carl Delscamp, for appellee.

Mr. Walter L. Connors, for appellant.


The cause is submitted on motion of appellee to dismiss the appeal for failure to comply with the provisions of Section 13459-3, General Code, in that appellant failed to file his brief with the transcript.

The provisions of Section 13459-3, General Code, are mandatory and a motion to dismiss the appeal will be sustained for failure to comply therewith. State v. Trimmer, 80 Ohio App. 545, 547, 76 N.E.2d 896; State v. Jarcho, 65 Ohio App. 417, 30 N.E.2d 444; State v. Parnell, 56 Ohio App. 77, 10 N.E.2d 18; State v. Bell, 52 Ohio App. 11, 2 N.E.2d 786; State v. Davis, 47 Ohio Law Abs., 415; State v. Barber, 44 Ohio Law Abs., 381, 65 N.E.2d 669; City of Columbus v. Balzan, 38 Ohio Law Abs., 141, 49 N.E.2d 592; State v. Smith, 33 Ohio Law Abs., 612, 35 N.E.2d 968.

Motion to dismiss the appeal is sustained.

Motion sustained.

WISEMAN, P.J., MILLER and HORNBECK, JJ., concur.


Summaries of

State v. Moore

Court of Appeals of Ohio
Nov 18, 1948
85 N.E.2d 595 (Ohio Ct. App. 1948)
Case details for

State v. Moore

Case Details

Full title:THE STATE OF OHIO, APPELLEE v. MOORE, APPELLANT

Court:Court of Appeals of Ohio

Date published: Nov 18, 1948

Citations

85 N.E.2d 595 (Ohio Ct. App. 1948)
85 N.E.2d 595

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