Phillips v. Kincaid

Opinion op the Court by

Judge Moorman

Reversing.

E. M. Phillips and Ben H. Kincaid were rival candidates f or the office of sheriff of Lee county at the November election of 1921. Kincaid received a majority of thirty-six votes on the face of the returns and was awarded the certificate of election. In due time Phillips filed a petition contesting the election on two grounds: (1) alleged false tabulation and certification of the votes cast 'in the five precincts of Proctor, Ivypatch, St. Helens No. 1, Filmore and Beattyville No. 2, it is being averred that if the votes of those precincts had been…