Blake v. Commonwealth
Annotate this CaseDefendant, a divorced mother of three minor children, was prosecuted under Va. Code 22.1-254 and -263 for failing to ensure that her children arrived at school in a timely manner. The circuit court convicted Defendant of three Class 3 misdemeanors, one per child. Defendant appealed, arguing that section 22.1-254, which requires compulsory school attendance, should not be applied to prosecute tardiness when a child was otherwise enrolled in and regularly attending school. The court of appeals affirmed. The Supreme Court reversed and vacated Defendant’s convictions, holding that section 22.1-254(A) cannot be construed in a manner that encompasses tardiness.
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