State v. Pettifield

I am of the opinion that a specific averment in the information that the defendant’s failure to send his child to school was unjustified is not necessary to constitute a valid information in a prosecution under the provisions of Act No. 239 of 1944. The statute in a distinct clause exempts certain classes of children between the ages of seven and fifteen, both inclusive, from the • provisions of the act, and, if defendant’s child came within any of these exemptions or exceptions, that fact should have been urged by way of • defense ' and need not have been negatived by the State in the bill…