Opinion
March 6, 1944.
March 14, 1944.
Commonwealth v. Conte, 154 Pa. Super. 112 and West Virginia State Board of Education v. Barnette, 319 U.S. 624, followed.
Before KELLER, P.J., BALDRIGE, RHODES, HIRT, KENWORTHEY, RENO and JAMES, JJ.
Appeal, No. 8, Feb. T., 1944, from Judgment of Q.S., Monroe Co., Feb. Sessions, 1943, No. 2, in case of Commonwealth v. Frank J. Bortlik. Judgment reversed.
Appeal by defendant to Quarter Sessions Court from summary conviction before justice of the peace. Before SHULL, P.J.
Defendant adjudged guilty and sentenced. Defendant appealed.
Conrad A. Falvello, Russell L. Mervine and William Taylor for appellant.
No one appeared or filed a brief for appellee.
Submitted March 6, 1944.
This appeal is ruled by our decision in Com. v. Conte, 154 Pa. Super. 112, 35 A.2d 742, which was based on West Virginia State Board of Education v. Barnette, 319 U.S. 624.
On the authority of those cases, the judgment is reversed and the defendant discharged.