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CITY OF CHICAGO v. ALLEN

No. 57404.

26 Ill. App.3d 502 (1975)

327 N.E.2d 414

THE CITY OF CHICAGO, Plaintiff-Appellant, v. CLARENCE ALLEN et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

February 6, 1975.

Attorney(s) appearing for the Case

Richard L. Curry, Corporation Counsel, of Chicago (Daniel Pascale and Ann Acker, Assistant Corporation Counsel, of counsel), for appellant.

Paul C. Ross, of Chicago, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE McGLOON delivered the opinion of the court:

The defendants in the 26 consolidated cases were charged with the sale of allegedly obscene printed matter in violation of the Chicago Obscenity Ordinance (Municipal Code of the City of Chicago, ch. 192, par. 192-9). After a bench trial, the circuit court of Cook County found all the defendants not guilty, holding that the material was constitutionally protected. The City...

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