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Record No. 2764 I I ; Record No. 2764 In the Supreme Court of Appeals of Virginia at Richmond OTIS PUCKETT v. COMMONWEALTH OF VIRGINIA 1'' 1l0:\l T llE urncl' rT COCRT OF A.PPOM.\ 'fTOX C'Ol" ~TY RrLE 14. ' 5. Kt:nnmn OF CoPrns TO RE :F'rLED AXD Dm,r v ~~RED •ro Qppos­ TN G Cot1~s r.:r,. T wenty copies of each brief shall be filed with the clerk of the romt, and at least two r opics mailccl or de­ livered io opposill p; erHrn sel on or before 1h c day on which the bTief is filed. ~IG. SJ7.E AXD 1-1 Yi>R. Hrief s shall he nin0 i11chcs in l0ng:th and six inc11cs in width, so as to conform in dimc11sio11 s to the printed record, and sh all be J1Tinted in ty pe not less in size, as to bcitd ti nnc1 wicllh, thnn the type in whirh iltc reco rd is p1·i ntcd. 'l'hc record number of foe cnsc :mcl n:1m0s of cou11 - s0l shall he pri11foc1 on the front co,er of all hriefs. :\f. B. '\V.\'r rr s, Cl0r k. Court opens at 9 :30 a. m.; Adjourns at 1 :00 p. m. RULE 14-BRIEFS 1. Form and contents of appellant's brief. The opening brief of the appellant (or the petition for appeal w hen adopted as the o pening brief) s hall co ntain : (a) A subject index a nd table of citations with cases a lphabetically arrang ed. Citario ns of \'irginia cases m ust reier to the V irginia Repo rts a nd, in addit ion, may refer to 0thcr n: po n ,; containing such cases. (I.,) A brief statement of the material proceedings in the lower court, the errors assig ned, a nd the questions involved in the appea l. (c) A clear a nd concise s tatement of the facts , with r eferences to the pages of the reco rd where there is a ny poss ibilil y that the other s ide m ay q ues tio n the sta te­ ment. \~here lhe facts are controverted it sho uld be so sla ted. (d) Arg ument in suppor t of the po~ilion of a ppella nt. T he brief shall be signed by at least o ne attorney practicing in this court, giving his a ddress. T he appellant may adopt the petition for npp<'al as his opening brief by so sta ting­ in the petition, o r by g i\·ing to o pposinit counsel w ritten notice of s uch intention within fi ve days of the receipt by appellant of the p rinted record, and by fi ling a copy of such notice with the clerk of the court. Ko alleged error not specified in the opening brief o r petition for appeal shall he admitted as a g ro und for argument by a ppella nt on the hearing of the cau~c. 2. Form and contents of appellee's brief. The brief for the appcllcc shall contain: (a) A subject index and table ,_of citations with cases a lphabetically arra nged. Citations of Virg in ia cases m ust reicr lo the Virginia R eports and, in addition, may refer to oth,•r rl'por t~ containing- such casl's. (b) A statement of the case and of the points involved, if the appellee disagrees with the s lat<.: ment of appellant. (c) A statement of the facts w hich are necessary to correct o r amplify the state­ ment in apr,ellant's brief in so fa r as it is deemed erroneous or inadequate, with a p­ propriate reference to the pages of the record. (d) A ri.rument in support of !he position of appellee. T he brief shall be signed by al least one attorney practicing in this court, giving his address. 3. Reply brief. The reply brief (if a ny) of the appellant shall contain all the au­ thorities relied on by him, not referred to in his p~tition or opening brief. In other respects it s hall conform to the requirements for appellec's brief. 4. Time of filing. (a) Oiv il case.~. T he o pening brief of the appellant (if there be one in a ddit ion to the petition for appt'al) shall be filed in the clerk's o ffi ce within fi fteen days after the receipt by cou11 scl for a ppellant of the printed rc.:cc>rcl, but in no event less than twenty-fi ve days before the first <lay of the <:ession a t w hich the case is to be heard. T he brief of the a ppcllee shall be filed in the clerk's offi ce not later tha n te11 clay~ before the fi rst clay of the sessio11 at which the case is to be heard. The rC'ply brief of the apocll ant shall he f"lrd in the clerk's office not later than the day before the fi rst day of the scs,-ion at w'1ich the case is to be h<'ard. (b) Criminal ra.~ PS . I n criminal ca,cs hril'fs must be fi led w it hin the time spec ifi ed in civil ca~es ; pro\'ided. howe,·cr, !hat in those C'ascs in which thr records have not been printed and dcli\'ered to counq l at least twenty-five cl ays before the beginning o f the lll'Xt session of the cour t, such rasl.'s s hall be placed at the foot o f the docket for that Sl'SGion o f the coml, and the Ctm1rnonwenHh's brief shall h<' fil ed a t least t en clnys prior to the calling- of the case, and the reply brief for the plaintifT in error not later than tht' day befo re the case is called. (c) S/i7)1(111t in11 of cotmsel a.~ t o fi.linr,. Counsel for opposin i:r partie~ m ay fil e w ith the c!C'rk a w ritt<'n s tipulation c han~in g the time for fi ling hrii'f" in a ny case ; pro­ Yiderl. howe\'cr, tha t a ll briefs mu, t br li k e! not later than the day bcfMe such case i!', to b<' heard. 5. Number of copies to be filed and delivered to opposing counsel. Twenty copies of each brief sha ll be fi led with the clc·rk of the court. and at least t\\'0 c:opics m ailed o r dc·li\'crcrl to or,posing co unsel on o r heforr the cl ay on w hich the hricf is fi lt' cl. 6. Size a nd Type. Ilricfs shall be ni,w inches in len)l"tl1 and ~ix inchc, in width. so a s to conform in dimcus ions lo thr printed record. and shall he printed in type not less in si:r.e. a, to height a ncl wid th, tha n the type in whic h the rcrord i" nrinted. The record num ber of the case a nd na mes of counsel s hall be p rinted o n the fro nt cover of all briefs. 7. Non-compliance, effect of. The cli' rk of thi, court is directed not to receive or lilt' a brief which fails to com ply w ith the requirements of this rule. Jf neither side has fi led a proper brief the cause will not be heard. If o ne of the parties fa ils to fil e a proper brief he can not be hea rd. hut the case will be heard c.v v<rrt r upon the arg t1, m ent of the party by w hom the hrief has been fi led. INDEX TO PETITION (Record No. 2764) Page The Facts . 1 • Assignments of Error . 3• Argument upon Assignments of Error . 3• 10n Number 1 . ... 4* On Number 2 . 9• Conclusion . 10* Cases Cited 8 Mundy v. Commonwealth, 144 Va. 609, 131 S. E. 242.4 , 5'\ 9" Bradshaw v. Commonwealth, 174 Va. 391, 4 S. E. (2nd) 752. 7• Burton d!; Conquest v. Commonwealth, 108 Va. 892, 62 -S. E. 376 . 7• Bell v. Commonwealth, 167 Va. 526, 189 S. E. 441..:... 7* Little v. Com11nonwealth, 163 Va. 1020, 175 S. E. 767. 7• Karnes v. Commonwealth, 125 Va. 758, 99 .S. E. 562.... 7• liindsay v. Commonwealth, 135 Va. 580, 115 S. E. 516.. 7• Miller v. State, 191 S. E. 115, 184 Ga. 336. ! • • • • • • • • • • • • 7• Spratley v. Commonwealth, 154 Va. 854, 152 S. E. 362.. s• Hmnilton v. Co11nmonwealth, 177 Va. 896, 15 S. E. (2nd) 94 s• Oook v. Commonwealth, 114 Va. 882, 77 S. E. 608....... s• State v. Allen,, 45 W. Va. 76, 30 S. E. 214.............. 9* IN THE Supreme Court of Appeals of Viri)nir AT RICHMOND. Record No. 2764 OTIS· ~U.CK1n.Tl': ' '•• • j_ -· I versus COMMONWEALTH OF VIRGINIA. PE.TiTION. To the Honorable Chief Justice and Associate Justices of the Sitpreme Court of Appeal~ of Virginia: ·. Your petitioner, Otis Puckett, respectfully represents that he is aggrieved by a final judgment entered against him by the Circuit Court of Appomattox County, Virginia, finding him guilty of Involuntary Manslaughter. THE FACTS. Otis Puckett was indicted at the December, 1942, Term of the Circuit Court of Appomattox, for the murder of· William Starry, and was duly tried on the 7th day of January, 1943, which trial resulted in :a: bung jury.
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