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STATE v. O'BRIEN

No. 12068.

117 S.E.2d 353 (1960)

STATE ex rel. Gay H. DUKE, in His Own Behalf, and in Behalf of All Other Registered Voters of Jackson County, v. Perry Emmitt O'BRIEN et al.

Supreme Court of Appeals of West Virginia.

Decided September 20, 1960.

Opinion Filed October 18, 1960.

Dissenting Opinion December 13, 1960.

Attorney(s) appearing for the Case

John G. Hackney, Charleston, for relator.

Perry Emmet O'Brien, Ripley, for respondents.

BROWNING, President.

The petitioner, Gay H. Duke, instituted in this Court an original proceeding in mandamus in his own behalf and in behalf of all other registered voters of Jackson County against Perry Emmitt (Emmet) O'Brien, James Robinson and Ben Cadle, members of, and constituting, the Board of Ballot Commissioners of Jackson County, West Virginia, and Asa Harpold, the republican "nominee" for the office of Sheriff of Jackson County.

The petition alleges...

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