STATE v. TERRY


148 A.2d 102 (1959)

STATE of Delaware Upon the Relation of Raymond E. MASSEY, Petitioner, v. Charles L. TERRY, President Judge of the Superior Court of the State of Delaware, and Andrew D. Christie, Associate Judge of the Superior Court of the State of Delaware, Resident in New Castle County, State of Delaware, constituting the Superior Court of the State of Delaware in and for New Castle County and sitting as the Board of Canvass in and for New Castle County, State of Delaware, Respondents, F. Earl McGinnes, Jr., Intervening Respondent.

Supreme Court of Delaware.

January 30, 1959.


Attorney(s) appearing for the Case

Clarence W. Taylor, and Robert C. O'Hora, Wilmington, for petitioner.

Samuel R. Russell, Wilmington, for intervening respondent.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


WOLCOTT, Justice.

This was a petition for an original writ of mandamus seeking to compel the Board of Canvass of New Castle County to reconvene for the purpose of counting absentee ballots allegedly cast at the General Election of 1958 in five separate election districts of the Seventh Representative District. The petition was filed on the relation of the unsuccessful Republican candidate for the office of Representative...

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