Opinion

Klingbeil v. Board of Liquor Control

  • 79 Ohio Law. Abs. 194
  • 155 N.E.2d 527
  • 1957 Ohio App. LEXIS 1013
Court
Ohio Court of Appeals
Filed
Oct 7, 1957
Status
Published
On the bench
Hornbeck, Miller, Petree, Second, Tenth
Cited by
0 cases
Authority
More cited than 15.0%

The opinion

OPINION

By THE COURT.

We have examined the record in this case and considered the assignments of error, briefs and oral arguments of counsel and are of the opinion that none of the assigned errors are well taken.

*195 Judge Leach, in a well-considered opinion, reviewed the legal questions presented and, in our opinion, came to the proper conclusion, that the order of the Board of Liquor Control was supported by reliable, probative and substantial evidence and is in accordance with law. The judge of the Common Pleas Court had a right to draw the conclusions he did with reference to the chemical analysis and the presence of ethyl alcohol.

That circumstantial evidence may permit reasonable inferences and conclusions is sound law. See Ross, etc. v. Board of Liquor Control, 72 Abs 415 , headnotes 1 and 2; also, Abdoney, etc. v. Board of Liquor Control, 72 Abs 513 , headnote 2.

We adopt the opinion of Judge Leach and affirm the judgment.

Judgment affirmed.

PETREE, PJ, MILLER, J, concur. ,

HORNBECK, J, dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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