PEOPLE EX REL. DUNCAN v. BEACH

No. 22.

242 S.E.2d 796 (1978)

The PEOPLE of the State of North Carolina ex rel. Randy D. DUNCAN v. Benjamin H. BEACH, L. Oliver Noble, Jr., the North Carolina State Board of Elections, the Honorable James B. Hunt, Jr., Governor of the State of North Carolina.

Supreme Court of North Carolina.

April 17, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Wallace, Jr., Raleigh, for the State, appellee.

Isenhower & Long by David L. Isenhower and Samuel H. Long, III, Newton, for plaintiff-appellant.


MOORE, Justice.

The uncontested facts of this case are as follows:

On 26 April 1973, the plaintiff-relator, Randy D. Duncan, was lawfully appointed to fill the office of Judge of the General Court of Justice, District Court Division, Twenty-Fifth Judicial District of the State of North Carolina. He held said office until 30 November 1974 when he was replaced in office by defendant, Benjamin H. Beach.

In the General Election of 5 November 1974, the...

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