Strode’s brief for the appellate court made good use of the record he had generated at the trial. His most important argument focused upon the prerogative of states to use the inherent “police power” and enact legislation that protected the public health and safety. The brief Whitehead submitted to the Virginia Supreme Court of Appeals on September 8, 1925 was consistent with his poor showing at the trial. It covered barely five pages.
"Strode Virginia Supreme Court Brief - Part I" (2009). Buck v Bell Documents. Paper 36.