Mottley v. State of Indiana

196 N.E. 684, 208 Ind. 561, 1935 Ind. LEXIS 247

Opinion

Tremain, J.

—The appellant was indicted, tried, and convicted of assault and battery with intent to commit a felony. He was fined in the sum of $225.00 and sentenced to a term of seventy-eight days in the Indiana State Farm. His motion for a new trial was overruled, and he appealed to this court.

In the preparation of his brief he has failed wholly to comply with Clause 5 of Rule 22 (Revised Rules of 1933, Clause 6, Rule 21) of this court, in this: The brief does not contain under the heading “Propositions and Authorities” a copy of each assigned error relied on. No where in the brief is to be found a proposition, point or authority. A condensed recital of the evidence is followed immediately by appellant’s argument. No question is presented for decision.

Because of appellant’s total failure to comply with said rule and present a question for the court’s determination, the appeal is dismissed.