Hogg v. Miller, Commissioner of Finance

Opinion of the Court by

Judge Thomas

Reversing.

At the regular 1939 election the appellee, and cross-appellant, Daniel Boone Smith, was elected Commonweath’s Attorney for the 26th Judicial District .of Kentucky composed of the counties of Bell and Harlan, and at the same election the Honorable J. S. Forester was elected Judge of the District. They were each inducted into office for a full term of six years in the early part of January, 1940. Smith continued to serve as such officer until July 28, 1942, when he voluntarily entered the military service by accepting a commission as First Lieutenant…