BROWN v. FINNEGAN

Elections — Candidate nominated by political body — Nomination papers — Affidavit — Applicability to judicial candidate — Pennsylvania Election Code.

The requirement of § 951 (e) (5) of the Pennsylvania Election Code of 1937, P.L. 1333, as amended, that a candidate nominated by a political body must append to his nomination papers an affidavit stating "that his name has not been presented as a candidate by nomination petitions for any public office to be voted for at the ensuing primary election" applies to a candidate for judge of a court of record.

Mr. Justice MUSMANNO dissented.

OPINION PER CURIAM, June 28, 1957:

The judgment for the defendant on the pleadings is affirmed on the opinion of Judge WALTER R. SOHN, reported in 8 Pa. D. C.2d 780.

Mr. Justice MUSMANNO dissents.