Simmons v. Crisler

Smith, O. J.,

delivered the opinion of the court.

At a special election to fill the office of District Attorney held on February 1,1944, there were three candidates, Simmons, Crisler, and Luckett. Simmons was declared by the election officers to have received a plurality of nine votes over Crisler, his nearest opponent, and was awarded a certificate of election and received from the .Grovenmr a commission as District Attorney. Within twenty days after the election Crisler filed a petition for a contest thereof in the court below in accordance with Section 3287,.Code 1942. This petition…