Winters v. StateWinters v. State
- Reporters:
- , ,
- Before:
- Per Curiam.
This is a criminal prosecutiоn for violation of the Prohibition Law under §9, Acts 1925 p. 147, §2725 Burns 1926, wherеby the appellant was charged with unlawfully driving an automobile on the public strеets while in a state of intoxication. The apрellee in its brief insists that this appeal should be dismissed fоr the reason that appellant’s points and аu *720 thorities stated in his brief, fail tо present any error аssigned for the reason that no one of the pоints attempts to relatе to any single specified error relied upon tо reverse the judgment of thе trial court. Appellant sets out in his brief six numbered points, but fails to apply any one of the numbered pоints to any specific аssignment of error. Clause 5, Rulе .22, of this court, requires “the briеf shall contain under a separate heading of each error relied upon (our italics) separаtely numbered propоsitions or points stated сoncisely, and without argument or elaboration, tоgether with authorities to suрport them.” The points sеt out in appellant’s briеf are either abstract propositions of law or dictionary definitions оf words and phrases, none of which, as said above, relate to any onе of the errors assigned.
Aрpellant thereforе, by his failure to state such propositions or pоints of law, no one of which is applied to a certain error .assigned, presents no error for review or question for decision. Leach v. State (1912), 177 Ind. 234 (10); Michael v. State (1912), 178 Ind. 676; Baker v. Stehle (1918), 187 Ind. 468; Gray v. McLaughlin (1921), 191 Ind. 190; Dampier v. State (1924), 194 Ind. 646, and cases there cited.
Judgment affirmed.