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COMMONWEALTH v. SMOKER

177 Pa.Super. 435 (1955)

Commonwealth v. Smoker, Appellant.

Superior Court of Pennsylvania.

January 14, 1955.

Attorney(s) appearing for the Case

Charles W. Eaby and W. Hensel Brown, for appellant.

Elmer T. Bolla, Deputy Attorney General, with him William C. Storb, District Attorney, Anthony R. Appel, Solicitor, and Frank F. Truscott, Attorney General, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT and ERVIN, JJ. (WOODSIDE, J., absent).

OPINION BY GUNTHER, J., January 14, 1955:

Samuel L. Smoker, defendant, was convicted for violating the provisions of the Public School Code of March 10, 1949, P.L. 30. He is the father of Mervin Smoker who was assigned to the elementary school in Leacock Township, Lancaster County, Pennsylvania. The testimony disclosed that defendant refused his son attendance to school because of religious belief which prevents parents of the Amish faith from sending their children...

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