ARNOLD, V.C.J.
Petitioner, Huckleberry Shell, was a candidate for the office of sheriff of Sequoyah county in the run-off primary held July 25, 1950. According to the official returns and announced results of said election by the Sequoyah county election board, he received fewer votes than did his opponent.
Within the time prescribed by law he filed an application for a recount of the votes cast in said election for said office, therein stating that: "he is...
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