Conner v. Idol

CLAY, Commissioner.

This is a proceeding for a recount of ballots cast in the common council election for the City of Middlesboro at the general election held November 5, 1957. The trial court found that appellee Albert Earle, Republican, defeated appellant C. W. Conner, Democrat, by a majority of four votes.

Only seven ballots are in controversy on this appeal, four of which fall in the same category.

On each of these four ballots the voter had marked an X in the Republican Party circle at the top of the ballot. For the council office here in controversy, there were six names listed in the…