Opinion
No. A-10293.
September 1, 1943.
(Syllabus.)
1. Constitutional Law — Compulsory State Regulation Requiring School Pupils to Participate in Flag Ceremonial Held Unconstitutional. The first syllabus in the case of Pendley v. State, 77 Okla. Cr. 259, 141 P.2d 118, is adopted as the first syllabus in this case.
2. Same — Statute as Applied to School Teacher Convicted of Hindering Enforcement of Flag Ceremonial in Private School Held Unconstitutional. Statutes, 70 O.S. 1941 §§ 1091[ 70-1091] and 1092, held unconstitutional in their application, wherein it is sought to prosecute school teacher who was member of Jehovah's Witnesses, conducting private school at her residence for ten children of this religious group, for refusal to observe flag ceremonial on account of their religious beliefs.
Appeal from County Court, Woods County; J. J. Glaser, Judge.
Beulah Carter-Mort was convicted of unlawfully hindering the enforcement of the flag ceremonial in private school, and appeals. Reversed and remanded with instructions to dismiss.
C. E. Wilhite, of Alva, and Hayden C. Covington, of Brooklyn, N.Y., for plaintiff in error.
Mac Q. Williamson, Atty. Gen., for defendant in error.
The defendant, Beulah Carter-Mort, was convicted in the county court of Woods county of refusing to observe the appropriate flag ceremonial in school, was tried, convicted and sentenced to pay a fine of $250 and costs.
The defendant was a member of Jehovah's Witnesses and conducted a private school at her residence for 10 or 12 children who were members of that religious sect. The defendant, as teacher of that school had refused to conduct the flag ceremonial prescribed by the State Superintendent, giving as her reasons religious grounds such as were quoted by the defendant in the case of Pendley v. State, 77 Okla. Cr. 259, 141 P.2d 118, this date decided.
It is not necessary to discuss this case at length. The same constitutional principles and reasoning govern in the disposition of this case as were cited in the disposition of the case of Pendley v. State, supra.
It is therefore ordered that the judgment of the county court of Woods county be reversed and remanded with instructions to dismiss the case against defendant.
BAREFOOT, J., concurs. DOYLE, J., absent.