Munro

The petitioner has moved to dismiss the appeal on the ground that the Alcoholic Beverage Control Appeals Board is not a party aggrieved by or entitled to appeal from the judgment.

The facts may be summarized as follows:

The application of Ronald C. Chaney for transfer of a liquor license disclosed a California arrest for assault but failed to mention the fact that he was subsequently arrested in Tennessee for larceny at the age of 18 or 19, and was sentenced to 60 days at a penal farm and a fine of $10. After a hearing, the Department of Alcoholic Beverage Control adopted the findings of its hearing officer to the effect that Chaney had misrepresented a material fact in his application and that the issuance of a license would be contrary to public welfare and morals.

Chaney appealed to the appeals board which determined that the findings did not support the decision denying a license, that there was no finding that Chaney knowingly or purposely omitted the fact of arrest in Tennessee, that the evidence would not support such a finding if made, that for all that appeared the omission was unintentional, resulting from an honest mistake or negligence, that the unintentional or…