Hill v. State
| Decision Date | 06 October 1981 |
| Docket Number | 5 Div. 513 |
| Citation | 410 So.2d 431 |
| Parties | 3 Ed. Law Rep. 216 Jerry HILL and Kenneth Downing v. STATE. |
| Court | Alabama Court of Criminal Appeals |
John R. Formby, Jr., Wetumpka, for appellant.
Charles A. Graddick, Atty. Gen. and Helen P. Nelson, Asst. Atty. Gen., for appellee.
Appellants were convicted of violating the Alabama Compulsory School Attendance Law. The District Attorney filed two complaints against each appellant and the four cases were consolidated for trial before a jury. The jury returned four verdicts of guilty as charged in the complaints and the trial judge sentenced appellant Hill to thirty days hard labor in the Elmore County Jail and assessed a fine of one dollar against him on the first case. On the second conviction of appellant Hill the trial judge sentenced him to ninety days hard labor in the Elmore County Jail and assessed a fine of one hundred dollars against him. Identical sentences were imposed on appellant Downing. After the sentences were imposed each appellant gave notice of appeal and the four cases were consolidated on appeal.
The District Attorney's complaints charged that each appellant was the parent, guardian or other person having control or charge of a child between the ages of 7 and 16 years, who is required to attend school or to be regularly instructed by a private tutor, and that within twelve months before the commencement of this prosecution, each appellant "did unlawfully fail to send said child to school or fail to have said child enrolled in school or to have said child instructed by a private tutor during the time said child was required to attend a public school, private school, denominational school, or parochial school, or be instructed by a private tutor, or to require said child to regularly attend such school, or tutor, against the peace and dignity of the State of Alabama."
Appellants waived the reading of the complaints and pleaded not guilty to each one. It was stipulated between the State and appellants that Jerry Hill was a parent, guardian, or other person having control or charge of the child Jason Hill, and that Kenneth Downing was a parent, guardian, or other person having control or charge of the child Tracy Downing. It was further stipulated that each child was at that time nine years of age and was eight years of age at the time of the commencement of the prosecution. The facts established that the written notices required by law were served upon appellant Hill on September 14, 1979, and January 24, 1980, respectively, and that more than three (3) days after the service of each notice warrants were secured for the arrest of Hill on September 21, 1979, and January 31, 1980, charging him with two cases of violating the Alabama Compulsory School Attendance Law. The facts further established that the written notices required by law were served upon appellant Downing on November 9, 1979, and January 24, 1980, and that more than three (3) days thereafter warrants were secured on January 3, 1980 and January 31, 1980, charging him with two cases of violating the Alabama Compulsory School Attendance Law.
Mr. Leon Robinson, the Attendance Supervisor for the Elmore County Board of Education, testified that it was his job to periodically check the various schools to make sure that the children who are supposed to be enrolled in school are regular in attendance. He knew of the child, Jason Hill, the son of Jerry Hill and knew that appellant Hill was the parent, guardian or other person having control or charge of Jason and that they lived on Hillcrest Road in Elmore County. He had been to this residence and knew that Hill resided there with his son.
He further testified concerning the two written notices given to each appellant about their children, Jason Hill and Tracy Downing, not being enrolled in or attending public schools in Elmore County. He stated that warrants were sworn out after appellants refused to comply with the law. The following is the type of notice served upon both appellants and naming each of them:
the parent, guardian or other person having control of Jason Hill a minor over the age of seven years and under the age of sixteen years:
Mr. Robinson had a conversation with appellant Hill about his school age child who was not enrolled in a public school in Elmore County and Hill admitted that he did have a son who was not attending school because he did not believe in compulsory education due to his religious beliefs. Mr. Robinson further testified that Hill did not tell him that he was sending his child to a certified private school, denominational school, parochial school, or that his son was being taught by a certified and licensed private tutor. Mr. Robinson stated that both Hill and Downing were personally served with a copy of the written notice set out above.
Mr. Robert Fenn, the principal of Robinson Springs Elementary School, testified that he knew both appellants and knew where they lived. A child eight or nine years old living with appellants would attend Robinson Springs Elementary Schools. According to the...
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Berry v. State
...by special plea and, in the absence of such a plea, the issue is not properly before the Court of Criminal Appeals." Hill v. State, 410 So.2d 431, 434 (Ala.Cr.App.1981). "[T]he defense of double jeopardy ... should be raised by a motion under [Rule 15.2, A.R.Crim.P.]." Committee Comments to......
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Goodwin v. State, CR-92-0493
...by special plea and, in the absence of such a plea, the issue is not properly before the Court of Criminal Appeals.' Hill v. State, 410 So.2d 431, 434 (Ala.Cr.App.1981) '[T]he defense of double jeopardy ... should be raised by a motion under [Rule 15.2, A.R.Crim.P.].' Berry v. State, 597 So......