
    Cutler v. The State.
    Criminal Law. — Brief.—Supreme Court. — Dismissal of Appeal. — Where, on appeal to the Supreme Court in a criminal prosecution, the only brief filed by the appellant is one merely for a supersedeas, and does not discuss the merits, the appeal will be dismissed.
    Erom the White Circuit Court.
    
      W. E. Uhl, D. Turpie and H. D. Pierce, for appellant.
    
      J. H. Wallace, Prosecuting Attorney, and T. W. Woollen, Attorney General, for the State.
   Niblack, J.

This was a prosecution for an assault and battery, upon affidavit and information, resulting in the conviction of the appellant.

The only brief on file was filed merely to obtain a supersedeas, and does not discuss, or assume to discuss, the merits of the appeal. It is not such a brief as our practice requires upon the hearing of a cause.

The appeal will, therefore, have to be dismissed, and is dismissed accordingly, at the costs of the appellant.  