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COMMONWEALTH v. MARSHALL

361 S.W.2d 103 (1962)

COMMONWEALTH of Kentucky ex rel. John B. BRECKINRIDGE, Attorney General, Appellant, v. J. C. MARSHALL, Elbert Goodin and Edgar Kimbler, Appellees.

Court of Appeals of Kentucky.

October 5, 1962.

Attorney(s) appearing for the Case

James A. Hicks, Albany, for appellant.

Ralph Hurt, Paul B. Jones, Columbia, Morris Butler, Greensburg, for appellees.

PALMORE, Judge.

Appellees were elected as members of the Adair County Board of Education at the regular election in November of 1960. Their terms of office began on January 2, 1961, at which time they took the oath prescribed by Section 228 of the Constitution and assumed office. On June 24, 1961, they learned from an article in the Louisville Courier-Journal that the Attorney General had issued an opinion concerning their failure to take the further oath required...

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