People v. Biocic

Defendant was indicted for the crime of obscenity under two indictments charging him with the sale of two nudist magazines. The trial judge found that the magazines were not obscene as a matter of law and that they were entitled to the protection afforded by the First Amendment of the United States Constitution. Both indictments were dismissed on motion of defendant. The People appealed under Supreme Court Rule 17(4) then in effect.

One indictment charged that defendant “committed the offense of obscenity, in that he, with knowledge of the nature or content thereof, sold an obscene book, to…