Scott v. Roberts

Opinion of the Court by

Stanley, Commissioner

Affirming.

Scott and Roberts were rival candidates at the November, 1933, election for magistrate in one of the districts in Floyd county. When the election commissioners came to count the ballots in the Betsy Lane precinct, they discovered that one of the staples on the box had been sawed in two and that a number of ballots in the jailer’s race had been tampered with by marking straight Democratic ballots, and perhaps others, for the Republican candidate for that office, with a larger stencil and -a different color of ink. Some of the ballots in the…