Commonwealth v. Butler

Citations

• 76 Pa. Super. 113
• 1921 Pa. Super. LEXIS 97

Syllabus

<p>Criminal law — Violation of Act of May 18, 1911, P. L. 888 (School Code) — Sections Ih-lJ^-l^S — Attendance—Nonattendance —Vaccination—Act of June 5,1919, P. L. 899.</p> <p>A conviction of a violation of section 1414 of the Act of May 18, 1911 (School Code), P. L. 383, providing for the compulsory attendance at school, will be sustained where it appeared that the defendant had refused to allow his son to he vaccinated and, in consequence, had rendered him ineligible for attendance at schools.</p> <p>In such case it was irrelevant to inquire into the effect upon the defendant of a particular vaccination, and he could not be permitted to introduce testimony of the effect of certain vaccinations on other persons.</p> <p>An offer to prove certain regulations as to the exemptions of school children from vaccination was also properly excluded where no offer of proof was made to bring the case of the defendant’s son under the exceptions in the Act of June 5, 1919, P. L. 399.</p> <p>A school district is reasonably embraced within the designation of “municipality” and as such is comprehended in the provisions of the Act of June 18, 1895, P. L. 203, requiring compulsory vaccination for the public health “in the several municipalities’1of the Commonwealth.</p>