Commonwealth v. DiMarco

Opinion by

Judge Rogers,

Both the Pennsylvania Liquor Control Board and Mariano J. DiMarco and Mary E. DiMarco, his wife, owners of Yano’s White Horse Inn, Lycoming County, have appealed from an opinion and order of the Court of Common Pleas of Lycoming County modifying a Liquor Board order by reducing a fine imposed by the Board on the DiMareos from $1000 to $500.

The Liquor Control Board argues that the court below, which conducted a hearing de novo, capriciously disregarded uncontradicted evidence when it found that “the evidence is not sufficient to show that de*506fendants permitted the . . .…