Ohio Court of Appeals, 1960

Tarpoff v. Board of Liquor Control

Ohio Court of Appeals · Decided April 26, 1960 · Bryant, Duffy, Miller

169 N.E.2d 19; 110 Ohio App. 290; 90 Ohio Law. Abs. 424; 13 Ohio Op. 2d 45; 1960 Ohio App. LEXIS 760 (North Eastern Reporter, Second Series)

Opinion of the Court

*425 Per Curiam.

A plea of guilty having been entered at the time of appearance before the Board of Liquor Control, was the Court of Common Pleas correct in sustaining the Board, since the severity of the penalty is the question raised by the appeal. In view of the decision in the case of Henry’s Cafe, Inc., v. Board of Liquor Control, 170 Ohio St., 233, the Board has the sole power of determining the penalty in these cases unless there is a finding that there was no substantial, reliable or probative evidence to support their finding. The guilty plea did preclude any such finding in this case.

The judgment will be affirmed.

Bryant, P. J., and Duffy, J., concur. Miller, J., not participating.

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