People v. Thomas

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 was sentenced to a term of imprisonment at the county jail for 60 days and to pay a fine of $1,000.

The first error defendant assigns on appeal is that the court erred in refusing to give his instruction 47.…