Legal Opinion

State v. Turney

Ohio Circuit Courts

Decided January 15, 1909Published

Error to Franklin common pleas court.

1Opinion of the CourtAllread, J.

The question involved in this case is whether a parent can rightfully be prosecuted and convicted under the compulsory education act when-he sends the child to school and is willing to continue, but the child is. excluded for failure to comply with a rule requiring vaccination.

The compulsory education act (See. 4022-1 Rev. Stat. et seq.) provides that, “Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years, shall send such child to a public, private or parochial school, ’ ’ etc., and that “any parent, guardian or other person having…

2Cases cited8 opinions

  1. State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
  2. Bissell v. DavisonSupreme Court of Connecticut · 1894
  3. Potts v. BreenIllinois Supreme Court · 1897
  4. Morris v. City of ColumbusSupreme Court of Georgia · 1898
  5. Matter of SmithNew York Court of Appeals · 1895

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