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BISHOP v. SMITH

350 S.W.2d 494 (1961)

Clay M. BISHOP, Appellant, v. Charles C. SMITH et al., etc., Appellees.

Court of Appeals of Kentucky.

October 17, 1961.

Attorney(s) appearing for the Case

Logan E. Patterson, Pineville, Clay M. Bishop, Manchester, for appellant.

Lester H. Burns, Jr., Manchester, Burns, Miniard & Oliver, Lexington, Neville Smith, Charles C. Smith, Manchester, for appellees.

CLAY, Commissioner.

This is a primary election contest. Appellee Smith was certified the winner of the Republican nomination for County Attorney of Clay County by a margin of 17 votes. The special trial judge upheld Smith's nomination.

There were charges and countercharges that a number of votes cast, including many in the Sexton's Creek precinct, were illegal. In the votes counted for the Sexton's Creek precinct, Smith had a majority of 29 votes. Even though...

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