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197 Ind. 703

151 N.E 3

Earl v. State

Indiana Supreme Court

Decided March 9, 1926

Indiana Supreme Court · decided 1926-03-09

Relies on Rooker v. Fidelity Trust Co. · Barksdale v. State · Wallace v. Shoemaker

Good law ✅— No negative treatment on recordhow we know

Decided 1926-03-09

How this case has been cited

Cited by 30 later decisions — most recently June 1962 · most notably Waggoner v. State (1949), 97 Ind. App. 592 - Humphrey v. Pleasure Park Company (1933)

30 state decisions

14019261930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Myers, J.

¶1 Appellant was charged by affidavit and convicted in the court below of the offense defined by *704 §20, Acts 1917 p. 15, §2740 Burns 1926. From a judgment rendered against him, he prosecuted this appeal, assigning as error the overruling of his motion for a new trial wherein, as his only cause therefor, he asserts that the finding of the court was not sustained by sufficient evidence.

¶2 It appears from appellant’s brief, under the heading of “Argument,” that five witnesses gave testimony upon the trial of this cause. Three for the state, we infer from what is there said, testified that on two different occasions they purchased intoxicating liquor from appellant. This testimony was denied in toto by the defendant and his wife.

¶3 The only question sought to be presented on appeal depends entirely upon a consideration of the evidence to sustain the finding of the court. There is no attempt whatever on the part of appellant to prepare his brief in compliance with Rule 22, cl. 5 of the rules of this and the Appellate Court, by including therein a condensed recital of the evidence in narrative form, nor does it contain the points relied on, or any authority to support his contention of insufficient evidence.

¶4 The state insists that we enforce the above rule, and has refused to supply the defects in appellant’s brief. Rules of court are not only binding upon litigants, but the court itself as- well.

¶5 For failure of appellant to prepare his brief in compliance with the above mentioned rule, no question on the evidence is presented for our consideration. Barksdale v. State (1925), 196 Ind. 392, 147 N. E. 765; Wallace v. Shoemaker (1924), 194 Ind. 419, 143 N. E. 285; Rooker v. Fidelity Trust Co. (1921), 191 Ind. 141, 163, 131 N. E. 769.

¶6 Judgment affirmed.

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