
    John H. McGann vs. Board of Elections et al. Alfred B. Gobeille vs. Same. Harold E. Shippee vs. Same.
    JANUARY 1, 1957.
    Present: Flynn, C. J., Condon, Andrews and Paolino, JJ.
    
      
      John C. Burke, Daniel J. Murray, for petitioners.
    
      Stephen F. Achille, for respondent Board of Elections.
    
      Alfred H. Joslin, Coleman B. Zimmerman, Thomas H. Needham, Bay H. Durfee, Hinckley, Allen, Salisbury & Parsons, Tillinghast, Collins & Tanner, Albert A. Nutini, Harold H. Winsten, for intervenors.
   Andrews, J.

dissents on the ground that the petitioners did not preserve the right to question here the constitutionality of the absentee and shut-in ballots. He agrees, however, that if this question is properly before us then the constitution allows voting of civilian absentee and shut-in voters so called only on election day.  