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BARBER v. BLUE

Docket No. S.F. 22422.

65 Cal.2d 185 (1966)

417 P.2d 401

52 Cal. Rptr. 865

ROBERT K. BARBER, Petitioner, v. JACK G. BLUE, as County Clerk, etc., Respondent.

Supreme Court of California. In Bank.

September 1, 1966.

Attorney(s) appearing for the Case

Richard G. Logan and Gerald D. Marcus for Petitioner.

J.F. Coakley, District Attorney, Douglas R. Dunning, Assistant District Attorney, and Thomas J. Fennone, Deputy District Attorney, for Respondent.

MOSK, J.

Petitioner seeks a writ of mandate compelling the County Clerk of Alameda County to omit the office of superior court judge now held by petitioner from the ballot in the election to be held in November 1966. We have concluded that the petition should be granted, for the Constitution precludes an election for this office until 1968.

[1a] An election for the office now occupied by petitioner was last held in 1964. At that time Judge Homer...

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