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PEOPLE v. SPARKS

No. 73-72.

24 Ill. App.3d 247 (1974)

321 N.E.2d 22

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY SPARKS, Defendant-Appellant.

Appellate Court of Illinois — Second District.

December 13, 1974.

Attorney(s) appearing for the Case

Elmer Gertz, and Wayne B. Giampietro, both of Chicago, Ronald M. Lieberman and Thomas DeMik, both of Freeport, and Alan B. Andrews, of Las Vegas, Nevada, for appellant.

Victor V. Sprengelmeyer, State's Attorney, of Galena (James W. Jerz and Martin Moltz, both of Model District State's Attorneys Office, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

After a bench trial defendant was convicted of exhibiting an allegedly obscene film "Diary of My Secret Life" in violation of section 11-20 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 11-20) and was fined $500. That film (with another) was seized and the defendant was arrested without any warrant by the chief deputy sheriff and the State's Attorney of Joe Daviess...

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