Kaltenberger

One of the provisions of rule VIII of the rules of this court reads: “The briefs must present each point separately, under an appropriate heading, showing the nature of the question to be presented.” We interpret the latter clause of this portion of the rule to refer to legal questions, for our courts of review deal only, on appeal, with questions of that nature.

There is not one heading in the opening brief of appellant in the present case—and there is no reply brief—which states any “question to be presented on the appeal”. A small portion of the brief is headed, “Statement of Facts”, and below the heading we are informed that the appeal is based upon the ground that the instructions are inconsistent and erroneous. The remainder of the brief is split into parts, each of which is headed merely by a letter of the alphabet, in capitals. These run from “A” to “P”, inclusive. The matter following next after “A” is fairly representative of that coming after the other letters. That matter is now set forth: “The first instruction that appellant objects to is that part of the instruction on page 321 of the Reporter’s Transcript, beginning at line 20, reading as follows,” the “part”…