Baker v. Dixon

Opinion op the Court by

Van Sant, Commissioner

Affirming.

Appellee, William Dixon, is the duly elected and qualified Commonwealth’s Attorney of the Thirty-Third Judicial District for the six year term commencing January, 1940. He served as such until he was inducted into the Army under the provisions of the Selective Service Act, 50 U. S. C. A. Appendix sec. 301 et seq., on August 20, 1942. Conceiving that Dixon’s induction into the United States Army rendered vacant the office of Commonwealth’s Attorney, appellant, Barney W. Baker, filed as a candidate for that office on the Democratic ticket.…