Opinion by
This is an appeal by the relator, John Marsh, from the order of the court below dismissing his writ of habeas corpus and remanding him to the custody of the keeper of the Cumberland County jail.
It appears from the agreed stipulation of facts, which was 1 filed in lieu of taking testimony at the hearing on the writ, that the relator was committed to the Cumberland County jail on November 15, 1937, by William Dosh, justice of the peace in South Middleton Township, after a hearing on a charge of violating the provisions of the School Code1 regarding the compulsory attendance of children of school age, at which he pleaded guilty; and that he has been kept in jail on successive similar commitments issued by said justice of the peace —by which we understand that he was committed under similar conditions and circumstances.
The stipulation sets forth the failure of the relator to provide school instruction for his son, Eugene, a minor between eight and eighteen years of age, by teachers approved by the Department of Public Instruction, written notice to the relator by the attendance officer of the school district, complaint or information before the justice of the peace and a hearing, at which the relator pleaded guilty, all in compliance with the provisions of section 1423 of the School Code as amended. The reasons which may have moved the relator to plead guilty to the charge are not material in this proceeding. But from the facts as presented to the *450 court below it appeared that tbe relator was lawfully confined, pursuant to a commitment, issued following a hearing held in due course, at wbicb be bad pleaded guilty to tbe charge against him. It followed that tbe court could do nothing but dismiss tbe writ and remand the relator to tbe county jail.
Tbe statement of questions involved in tbe brief of tbe appellant presented a series of questions, all of which were withdrawn at bar except tbe first, Can a state deprive any person of liberty without due process of law? In bis argument be has raised some interesting legal questions wbicb might be involved under a different state of facts, but wbicb cannot pertinently be discussed in tbe present state of tbe record. Tbe record now before us shows that tbe relator was deprived of bis liberty, at tbe time of bis bearing on habeas corpus, by reason of a lawful commitment to jail issued pursuant to a bearing, duly held, on a charge of violating the provisions of an act of assembly to wbicb be pleaded guilty. From tbe facts as stipulated, restraint of bis liberty was pursuant to due process of law. Accordingly, tbe order must be affirmed.
We feel, however, that tbe appellant is entitled to have the legal questions, wbicb be attempted to raise in this' proceeding, considered and passed upon by a court of law without undue harassment or unnecessary trouble. Tbe slovenly draftsmanship of the section of tbe School Code relating to violations of its provisions regarding compulsory attendance 2 may be partly responsible.
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If the relator is arrested again on the same charge and after a hearing at which he pleads “not guilty,” is convicted and fined, his petition for an appeal to the court of quarter sessions should he allowed,
(Com. v. MacDonald,
Order affirmed.
Notes
See section 1423 of the Act of May 18, 1911, P. L. 309, as amended by the Act of July 1, 1937, P. L. 2560.
Section 1423 of the School Code as originally drawn and also as amended provides: (1) That every parent, ...... who ghaU fail to comply with its provisions regarding compulsory attendance, shall he guilty of a
misdemeanor,
and on conviction before any alderman, justice of the peace, etc. shall be sentenced to pay a fine, etc. The general and customary meaning in our law of ‘misdemeanor’ is, an indictable offense not amounting to felony. While the words following leave “little room for doubt that it
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was the actual legislative intent to create a petty offense to he tried before a subordinate magistrate,”
(Allen v. Com.