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THE PEOPLE v. ROMAINE

No. 39487.

38 Ill.2d 325 (1967)

231 N.E.2d 413

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. PAUL ROMAINE, Appellant.

Supreme Court of Illinois.

Opinion filed November 30, 1967.

Attorney(s) appearing for the Case

CHARLES LIEBMAN, of Chicago, (MICHAEL H. BRODKIN, of counsel,) for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and JOHN WILLIAM CRILLY, Assistant State's Attorneys, of counsel,) for the People.

ELMER GERTZ, of Chicago, (ARTHUR W. BAUM and WAYNE B. GIAMPIETRO, of counsel,) for amicus curiae.

Judgment reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

A jury found the defendant, Paul Romaine, guilty of the offense of obscenity (Ill. Rev. Stat. 1963, chap. 38, par. 11-20), because he sold a copy of the book "Memoirs of a Woman of Pleasure", better known as "Fannie Hill". He was fined $1,000 and placed on probation for two years. He appeals directly to this court primarily on the ground that his conviction violated the State and Federal...

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