FOURT, J.
This is an appeal by the Department of Alcoholic Beverage Control (hereinafter referred to as "Department") and the Alcoholic Beverage Control Appeals Board (hereinafter referred to as "Board") from a judgment granting respondent a peremptory writ of mandate.
The chronology of events is as follows:
On November 6, 1957, an accusation under the Alcoholic Beverage Control Act and State Constitution was filed.
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