Allen v. Sturgill, Sheriff

Stanley, Commissioner

Affirming.

In this primary election recount proceeding the question is whether the court should consider the ballots . cast in a precinct where undisputed evidence disclosed a vicious stuffing of the box.

In the race for the Democratic nomination of clerk of the Floyd County Court the returns showed Duran Moore received 2,253 and Jarvis Allen, 2,176 votes. Five others received fewer, ranging from 1,621 to 864. Allen instituted this recount proceeding.' After the ballots in eight, precincts had been counted, without any substantial change, the plaintiff objected to the…