PEOPLE v. THOMAS

No. 74-433.

37 Ill. App.3d 320 (1976)

346 N.E.2d 190

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES THOMAS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed April 7, 1976.


Attorney(s) appearing for the Case

Patrick A. Tuite, of Chicago, for appellant.

C. Brett Bode, State's Attorney, of Pekin (James Hinterlong and Russell Boothe, both of Illinois State's Attorneys Association, of counsel), for the People.


Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

Defendant, proprietor of Del Van Theater at Delavan, was found guilty by a jury of obscenity in violation of section 11-20 of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, 11-20) for exhibiting at his theater on November 2, 1973, for public patronage, the motion picture "Deep Throat." After his post-trial motion was denied, judgment was entered upon the verdict and defendant...

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