The People v. DeVilbiss

Defendant, Kenneth DeVilbiss, owner and operator of a bookstore in Blue Island, Illinois, was charged with knowingly exhibiting and selling obscene books in violation of the obscenity ordinance of the city of Blue Island. (City Ordinance No. 1983, sec. 1.2.) Following a bench trial in the circuit court of Cook County, he was found guilty and fined $300 and costs. His appeal is properly before this court because questions arising under the Federal and State constitutions are involved.

Defendant does not contest that obscenity is outside the protection of the constitutional guarantees of free…