COMMONWEALTH v. HESTER


406 S.W.2d 846 (1966)

COMMONWEALTH of Kentucky on relation of the ATTORNEY GENERAL of Kentucky, Honorable Robert Matthews, Appellant, v. Earl HESTER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 4, 1966.


Attorney(s) appearing for the Case

Glay E. Maggard, Munfordville, Ben Fowler, Dailey & Fowler, Frankfort, for appellant.

Joseph R. Huddleston, Huddleston & Huddleston, Bowling Green, Robert T. Schneider, Horse Cave, for appellee.


HILL, Judge.

This is an appeal from a judgment declining to oust appellee Earl Hester after his election to his fifth four-year term as a member of the Board of Education of Hart County. It is said he does not have the educational qualifications required by KRS 160.180(1) (c).

The case was prepared in the trial court by affidavits and depositions.

It is clear that in a proceeding of this nature the burden of showing one of the three educational requirements...

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