Commonwealth v. Gillen
Superior Court of Pennsylvania
Appeal, No. 133, Oct. T., 1916, by defendant, from judgment of Q. S. Philadelphia Co., March Sessions, 1916, No. 167, sustaining judgment of magistrate in case of Commonwealth v. William Gillen. Appeal from judgment of magistrate. See 25 Dist. Rep. 401. The opinion of the Superior Court states the case. Error assigned was in sustaining judgment of magistrate.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The undisputed facts of this case are as follows: The defendant, a resident of Philadelphia, is the father of two children, aged respectively nine and ten years, who were not attending school or under instruction as required by the Act of May 18,1911, P. L. 309, known as the compulsory school law. He was notified by the proper school authorities, to have his children attend school, but being opposed to the vaccination of his children as is required by the Act of June 18, 1895, he refused to comply with the notice. He was found guilty before a magistrate of a violation…
2Cases cited9 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Duffield v. Williamsport School DistrictSupreme Court of Pennsylvania · 1894
- Commonwealth v. ShaleenSupreme Court of Pennsylvania · 1906
- Stull v. ReberSupreme Court of Pennsylvania · 1906
- People v. . EkeroldNew York Court of Appeals · 1914
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3Cited by7 opinions
- Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
- Commonwealth Ex Rel. School District v. BeySuperior Court of Pennsylvania · 1949
- Marsh's CaseSuperior Court of Pennsylvania · 1940
- Com. Ex Rel. Sch. Dist. of PGH. v. BEY Et Ux.Superior Court of Pennsylvania · 1950
- Commonwealth v. ButlerSuperior Court of Pennsylvania · 1921
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