In re Contested Election

Wilson, P. J.,

This case is before the court on petition of 20 or more qualified electors of But*262ler County complaining of an undue election or false return of J. Brady Murrin for and to the office of representative in the General Assembly at the general election held on November 3, 1936. . . .

This contest involves several questions of law:

1. Can the votes received by Albert McClester, a candidate of the Prohibition Party, be added to the votes received by Albert B. McClester, a candidate of the Republican Party?

We have found as a fact that Albert B. McClester and Albert McClester is one and…