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PEOPLE v. CAPITOL NEWS, INC.

Nos. 67480-67483.

560 N.E.2d 303 (1990)

137 Ill.2d 162

148 Ill.Dec. 1

The PEOPLE of the State of Illinois, Appellant, v. CAPITOL NEWS, INC., Appellee. The PEOPLE of the State of Illinois, Appellant, v. CENTRAL VIDEO MIDWEST, Appellee. The PEOPLE of the State of Illinois, Appellant, v. GENTLEMEN'S ADULT BOOKSTORE, INC., Appellee. The PEOPLE of the State of Illinois, Appellant, v. Phillip D. MORGAN, Appellee.

Supreme Court of Illinois.

As Modified on Denial of Rehearing October 1, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Springfield (Robert J. Ruiz, Sol. Gen., and Terence M. Madsen, Nathan P. Maddox and Douglas K. Smith, Asst. Attys. Gen., of counsel), for the People.

Glenn A. Stanko, of Reno, O'Byrne & Kepley, P.C., Champaign, for appellees.

Justice WARD delivered the opinion of the court:

Capitol News, Inc., upon being charged by indictment in the circuit court of McLean County with the sale or delivery of materials in violation of the Illinois obscenity statute (Ill.Rev.Stat.1987, ch. 38, par. 11-20), filed a motion to dismiss, challenging the constitutionality of the statute. The circuit court held that the affirmative defense established by section 11-20(f)(2) of the Criminal Code of 1961 (Ill.Rev...

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