dissenting.
I agree with the majority’s conclusion that defendant is correct in contending that G.S. 7A-198 was violated by the court’s failure to preserve or record the trial as required by statute. However, in my opinion, this failure constitutes sufficient prejudice to warrant reversal.
It is an unworkable and unfair result to dismiss this appeal for failure to provide a transcript of the trial. The appellant was required to try the case without counsel due to the trial court’s denial of her motion to continue. The trial court failed to record the trial and appellant had no knowledge of her right to have it recorded. To require a layperson and an attorney who was not involved in the trial of this case to attempt to reconstruct the testimony of the trial or face dismissal of the appeal is to push the Rules of Appellate Procedure to a new technical high. I vote to reverse and remand the case for a new trial.