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STATE EX REL. SMOLESKI v. COUNTY COURT OF HANCOCK CO.

No. 12816.

166 S.E.2d 777 (1969)

STATE ex rel. Lou SMOLESKI etc. v. The COUNTY COURT OF HANCOCK COUNTY, etc., et al., and Ralph J. Patrick, Jr.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1969.

Attorney(s) appearing for the Case

Preiser, Greene & Hunt, Stanley E. Preiser, W. Dale Greene, Charleston, for relator.

Pinsky, Mahan, Barnes & Watson, Frank Cuomo, Jr., Wellsburg, for respondent Patrick.

BROWNING, Judge:

Petitioner Lou Smoleski, the Democratic nominee for the office of sheriff of Hancock County, filed his petition for a writ of mandamus in this Court on March 13, 1969. The petition alleges that at the general election held in Hancock County on November 5, 1968, he received the highest number of votes for the office of sheriff and upon completion of the canvass was issued a certificate of election on December 19, 1968. Thereafter on the petition of...

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