Westlake

By Rule VIII, governing appellate court practice, it is provided that briefs “must present each point separately, under an appropriate heading, showing the nature of the question to be presented.” In this ease if we had been informed that the last paragraph of the closing brief contains a summary of the grounds upon which the appellant relies, we would have been saved the time wasted in hunting for them in the text of the opening brief.

The grounds of appeal are that the evidence is insufficient to support the verdict; that the corpus delicti is not established by the evidence; that the district attorney was guilty of misconduct prejudicial to the rights of the defendant; that the court erred in relation to instructions given and in its refusal to give requested instructions.

The information charges that the defendant, on the twenty-eighth day of March, 1929, did wilfully, etc., kill and murder one Laura B. Sutton. The evidence shows that on and prior to March 28, 1929, Mrs. Sutton was living at 2012 West Thirtieth Street, in the city of Los Angeles. In the late afternoon of March 29th she visited the office of her attorney, who had been representing her in a divorce action.…