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McMULLAN v. STATE

No. 48230.

298 So.2d 708 (1974)

J. E. McMULLAN, Defendant-Appellant, v. STATE of Mississippi and Marcus D. Gordon, District Attorney, on relation of Robert A. Weir, Jr., Relator-Appellee-Cross-Appellant.

Supreme Court of Mississippi.

August 12, 1974.

Attorney(s) appearing for the Case

Everett & Blount, Decatur, Wells, Gerald, Brand, Watters & Cox, Jackson, Jack W. Brand, Newton, for appellant.

Pigford, Hendricks & Fields, Meridian, S.T. Roebuck, Newton, for appellee.

PATTERSON, Justice:

J.E. McMullan was removed from his position as Mayor of the City of Newton by a judgment of the Circuit Court of Newton County. The suit was one of quo warranto on the relation of Robert A. Weir, Jr., who had been defeated by McMullan in the Democratic primary as a candidate for the office. The judgment directed a special election for the selection of a new mayor to fill the vacancy in office created by the mayor's removal. Both parties appeal...

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