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PEOPLE v. BIOCIC

Gen. No. 50,988.

80 Ill. App.2d 65 (1967)

224 N.E.2d 572

People of the State of Illinois, Plaintiff-Appellant, v. Sylvester Biocic, Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied March 22, 1967.

Attorney(s) appearing for the Case

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane, Kenneth L. Gillis and James B. Zagel, Assistant State's Attorneys, of counsel), for appellant.

George J. Cotsirilos, of Chicago, and Stanley Fleishman, of Hollywood, California, for appellee.

MR. JUSTICE BURKE delivered the opinion of the court.

Defendant was indicted for the crime of obscenity under two indictments charging him with the sale of two nudist magazines. The trial judge found that the magazines were not obscene as a matter of law and that they were entitled to the protection afforded by the First Amendment of the United States Constitution. Both indictments were dismissed on motion of defendant. The People appealed under Supreme Court Rule...

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