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PEOPLE v. BURKHARDT

No. 55063.

11 Ill. App.3d 760 (1973)

297 N.E.2d 694

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PAUL BURKHARDT, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

May 1, 1973.

Attorney(s) appearing for the Case

Brown, Rosenthal & Wilson, of Chicago, (Ben J. Rosenthal and Woodrow P. Wilson, of counsel,) for appellant.

Edward V. Hanrahan, State's Attorney, of Chicago, (Robert A. Novelle and Henry A. Hauser, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

The issues in this appeal arise from a prosecution that followed the theatre showing of a motion picture, "The Curse of Her Flesh." Defendant Paul Burkhardt, the theatre manager, was arrested and charged with obscenity.1 He waived trial by jury, was found guilty and sentenced to pay a fine of $1,000.2

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