Page:Federal Reporter, 1st Series, Volume 10.djvu/742

 730 federal hepoktbb. �United States v. Bxjntin.* (Circuit Court, S. D. Oliio, W. D. Febraary, 1S82.) �1. Ceduks— Dbpeivation op Civil Rights— Oolored School Children— Req- �UISITE8 TO COSTICTION— ReT. St. § 5510. �In a prosecution under section 5510, Rev. St., for depriving a colored child of the right to attend public school, held that, to warrant conviction, the defendant must have excluded such child under color of a law, statute, ordi- nance, regulation, or custom of a state, and on account of his color. �2. Same — Crvii, Action not a Bab to Ceimiitai, Pkosecution. �Hdd, also, that the institution of a civil action and recovery of damascs for the deprivation of the right charged in the indictment, is not a uar to a criminal prosecution therefor. �3. SAkte — Admission of Offencb— Good Character Immateriat,. �Where the defendant admits the essential elements of the crime alleged, except.that the prosecuting witness possessed the right which the defendant is charged with violating, — i. «., in this case, where he admits the exclusion of the chiid; that he excluded him under color of a statute of the siate, and because of his color, — evidence of def endant's good character is iminaterial, and ontilled tono consideration by the jury. 4 Same— AcTiNQ in Good Faith under Advioe op Counsel no Defence — �MlTIGATION. �That the defendant in good faith consulted counsel, and was advised by them that he was authorized to do that with which he is charged, and acted on such advice, is no defence to the indictment, although such evidence woiild addres» itself strongly to the discretion of the court after conviction in mitigation of punishment. �5. CrviL RiGHTS— Separatb Sohools por Colored Childhen. �Separate schools may be provided for colored children, but they must be reasonably accessible, and must afiEord substantially equal educational advan- tages with those provided for white children. �6. Same— Ohio Statute not in Conflict with Fourtebnth Amendmbnt. �The provisions of the Ohio statute upon the subject (section 4008, Ohio Rev. St.) are not in conflict with the fourteenth amendment. State V. McOann, 21 Ohio St. 198, followed. �Indictment for Deprivation of Civil Eights. It charged that one John Buntin deprived James H. Vines and others, children of Jacob H. Vines, of a right secured by the constitution and laws of the United States, to-wit, the right to attend the only public school situated in a certain subdistrict in Washington township, Clermont county, Ohio; said children being entitled to attend said school, and said Buntin then being the teacher of said school, and excluding said children therefrom by reason of their being colored children of African descent, under color of a statute of Ohio providing that the �*Reported by J. C. Harper, Esq., of the Cincinnati bar. ��� �