State v. Walters

Lee Walters appeals from a judgment convicting him of violating sec. 40.70 (1), Stats., by failing to send two of his children, aged eight and eleven years, respectively, to a common school from September to November 12, 1931. He contended that he was not guilty because sub. (b) of that statute provides that it does not apply “to *133any child who lives in the country and more than two miles from the schoolhouse in his district, and for whom no transportation is furnished by the district. ...”

The only question on this appeal is whether by reason of that provision the defendant has a lawful excuse…