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PEOPLE v. MORRISON

Nos. 2-84-0623, 2-84-1067 cons.

162 Ill. App.3d 299 (1987)

515 N.E.2d 356

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES G. MORRISON, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD POPE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed October 26, 1987.

Attorney(s) appearing for the Case

Reno, O'Byrne & Kepley, P.C., of Champaign, and Daniel Cain, of Sreenan & Cain, P.C., of Rockford (J. Steven Beckett and Glenn A. Stanko, of counsel), for appellants.

Paul A. Logli, State's Attorney, and Daniel D. Doyle, State's Attorney, both of Rockford (William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of Elgin, and John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Prosecutor's Office, of Ottawa, of counsel), for the People.

Affirmed in part, and vacated in part and remanded.

JUSTICE HOPF delivered the opinion of the court:

The defendants, Richard Pope and Charles Morrison, attendants at adult bookstores, were each separately charged and found guilty by a jury of the crime of obscenity on three counts. Each count alleged the sale of an obscene magazine. Both defendants filed timely post-trial motions, renewing a constitutional issue asserted in their pretrial motions to dismiss...

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