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eBook details

• Title: Leno v. St. Joseph Hospital
• Author : Supreme Court of Illinois
• Release Date : January 25, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Five cases charging the defendants with violating the Illinois obscenity statute (Ill. Rev. Stat. 1973, ch. 38, par. 11-20) were consolidated for appeal. In four of the five cases the defendants were charged with selling an obscene magazine with knowledge of the nature or content thereof. In the fifth case defendant James Grant was charged with selling an obscene magazine with knowledge of the nature and content thereof or recklessly failing to exercise reasonable inspection of such magazine where an inspection would have revealed its obscene nature and content. In a bench trial the court found each of the magazines to be obscene and found each of the defendants guilty of the crime of obscenity. Defendants Speer, Grant, Glass and Myers were fined $100 each and defendant Stove was fined $1,000. The defendants appeal contending that: (1) the State failed to prove beyond a reasonable doubt that the defendants had knowledge of the nature and content of the magazines; (2) the magazines are not obscene in the constitutional sense and therefore fall within the protection of the First Amendment; and (3) the complaint against James Grant is void because it uses the disjunctive "or" in charging Grant with Page 45 sale with knowledge of the magazines contents or sale with reckless disregard of the magazines contents, thereby creating uncertainty and conjecture as to which alternative Grant was accused of violating.

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