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THE PEOPLE v. KIMMEL

Nos. 38816, 38817, cons.

34 Ill.2d 578 (1966)

217 N.E.2d 785

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. GILBERT KIMMEL et al., Appellants.

Supreme Court of Illinois.

Opinion filed June 16, 1966.

Attorney(s) appearing for the Case

HOWARD T. SAVAGE, of Chicago, for appellants.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and WILLIAM A. BOMP, Assistant Attorneys General, and ELMER C. KISSANE and KENNETH L. GILLIS, Assistant State's Attorneys, of counsel,) for the People.

Judgments reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

On the motion of the attorney for the defendants these two cases were consolidated in this court. Both involve prosecutions for violations of the obscenity statute, but the dominant issues in the two cases are dissimilar, and they will be discussed separately in this opinion.

In No. 38817 a jury found the defendant Charles Kimmel guilty on four counts of an indictment which...

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