State Ex Rel. Owens v. Chaplin

Stacy, C. J., and Seawell, J.,

considering the petition to rehear.

The appeal was originally argued here on the assumption that all differences in the evidence, actual or inferential, were exclusively for the referee and the trial court. The petition to rehear seeks to perpetuate this assumption. They both overlook the basic error in the proceeding.

In the first place, the relator “concedes that each of the voters,” whose vote is here attacked, “was duly registered in Tyrrell County and in the precinct in which he voted in the 1946 election.” (R. 270.) And further, “that each of the affidavits…