People v. Rode

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court;

This record brings before us for review 15 convictions for sale of magazines in violation of the obscenity statute. (Ill. Rev. Stat. 1975, ch. 38, par. 11 — 20.) Since 3 of the defendants are involved in 2 separate cases, there are a total of 12 individuals who have appealed. All of the cases were consolidated in the trial court.

The brief filed in behalf of all defendants raises two issues. First, the trial court erred in finding the defendant Mears guilty of obscenity because the evidence is insufficient to establish that this…