State v. Pilkinton

On Motions for Rehearing or to Transfer

STONE, Presiding Judge.

Both the state and the defendants have filed pungent motions for rehearing or, in the alternative, to transfer this cause to the Supreme Court. The primary contention in the state’s motion is that “the provisions (of Section 164.010) relating to home instruction are not descriptive of the offense” and need not be negatived in an information, but that such provisions constitute an exception in the nature of “defensive matter” to be pleaded and proved by defendants. Recognizing that this contention is contrary to the plain holding in…