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.