TOWLER v. COM.

No. 741165.

221 S.E.2d 119 (1976)

216 Va. 533

Douglas M. TOWLER v. COMMONWEALTH of Virginia et al.

Supreme Court of Virginia.

January 16, 1976.


Attorney(s) appearing for the Case

L. Harvey Neff, Jr., Galax, for plaintiff in error.

John W. Parsons, Independence (J. Colin Campbell, Independence, guardian ad litem, on brief), for defendants in error.

Before I'ANSON, C.J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.


PER CURIAM.

The appellees have moved to dismiss this writ of error because of the appellant's failure properly to make the transcript a part of the record, as required by Rule 5:9, Rules of Court. For the reasons hereinafter assigned, we grant the appellees' motion and dismiss the writ of error.

Under Rule 5:9(a), a transcript becomes a part of the record when the judge of the court below so directs in the final judgment or by order entered before or within...

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