Legal Opinion

State v. McCaffrey

Supreme Court of Vermont

Decided May 15, 1896PublishedCited by 18 opinions

Complaint for violation of the statute against truancy. At the February Term, 1896, Orleans County, Thompson, J., presiding, the cause was first heard on demurrer to the complaint. Demurrer overruled; complaint adjudged sufficient; exceptions by respondent; exceptions ordered to lie. Thereupon, at the same term, the respondent pleaded not guilty. Trial by jury.

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Complaint for violation of the statute against truancy. At the February Term, 1896, Orleans County, Thompson, J., presiding, the cause was first heard on demurrer to the complaint. Demurrer overruled; complaint adjudged sufficient; exceptions by respondent; exceptions ordered to lie. Thereupon, at the same term, the respondent pleaded not guilty. Trial by jury. At the close of the evidence the respondent moved the court to order a verdict of not guilty, for that under the statute no prosecution can be had till the end of the school year, and upon the ground that there was no evidence tending…

1Opinion of the CourtTyler, J.

Section 711, V. S., makes it the duty of a person having the control of a child between the ages of eight and fifteen years to cause such child to attend a public school at least twenty-six weeks in a year, such attendance to begin with the school year and be continuous, unless the child is mentally or physically unable to attend, has already acquired the branches required to be taught in the public schools, or is otherwise being furnished with the same education.(1) The respondent does not contend that the law is unconstitutional in respect to its compulsory requirement, but that the…

2Cases cited2 opinions

  1. Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1893
  2. State v. HodgsonSupreme Court of Vermont · 1893

3Cited by18 opinions

  1. State v. DeLaBruereSupreme Court of Vermont · 1990
  2. State v. St. FrancisSupreme Court of Vermont · 1989
  3. State v. BakerSupreme Court of Vermont · 1990
  4. Wlock v. Fort Dummer MillsSupreme Court of Vermont · 1925
  5. State v. BevinsSupreme Court of Vermont · 1898

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