{
  "id": 3390312,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WALLACE MOORE et al., Defendants-Appellants",
  "name_abbreviation": "People v. Moore",
  "decision_date": "1977-09-22",
  "docket_number": "Nos. 62218-62224, 62056-62057, and 63193 cons.",
  "first_page": "75",
  "last_page": "78",
  "citations": [
    {
      "type": "official",
      "cite": "53 Ill. App. 3d 75"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "42 Ill. App. 3d 425",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2642408
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/42/0425-01"
      ]
    },
    {
      "cite": "31 Ill. App. 3d 892",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2708382
      ],
      "year": 1976,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/31/0892-01"
      ]
    },
    {
      "cite": "47 Ill. App. 2d 460",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5269110
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/47/0460-01"
      ]
    },
    {
      "cite": "52 L. Ed. 2d 738",
      "category": "reporters:federal",
      "reporter": "L. Ed. 2d",
      "case_ids": [
        2125
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/us/431/0767-01"
      ]
    },
    {
      "cite": "361 U.S. 147",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        6166654
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/us/361/0147-01"
      ]
    },
    {
      "cite": "354 U.S. 476",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        6160660
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/us/354/0476-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 474,
    "char_count": 8034,
    "ocr_confidence": 0.855,
    "pagerank": {
      "raw": 6.102029664993492e-08,
      "percentile": 0.3807119642882655
    },
    "sha256": "d51b67d40c4d98f886c671579e0a28e3e09d59bfb9649f14c3b247743cd9a090",
    "simhash": "1:b5c2fff06d4ed3d4",
    "word_count": 1361
  },
  "last_updated": "2023-07-14T21:36:14.469992+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WALLACE MOORE et al., Defendants-Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE DIERINGER\ndelivered the opinion of the court:\nThis is a consolidated group of appeals from the circuit court of Cook County. The appellants originally moved for the consolidation of the first nine cases and the tenth case was joined thereafter. The defendants were all convicted of obscenity in violation of section 11\u201420 of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 11\u201420), and were fined. They are appealing from these convictions.\nAll the defendants are represented by the same counsel on review and they all raise one issue only in support of their appeal, (1) whether or not the State failed to prove the requisite element of scienter needed for an obscenity conviction.\nCase number 62218 is the case of People v. Wallace Moore. On the 31st of July, 1973, Chicago police investigator George Carey entered Leslie\u2019s Adult Book Store at 731 North Clark Street. He paid *10 for a magazine entitled \u201cHomy Fuck.\u201d He paid the defendant who was employed as a cashier in the store. It was necessary for the defendant to look at the cover of the magazine to determine the price. The cover of the magazine depicts a female, naked from the waist up, performing fellatio upon a male.\nCase number 62219 is also People v. Wallace Moore. On February 7, 1974, Chicago police investigator Stratford Peterson entered Leslie\u2019s Adult Book Store at 731 North Clark Street. He paid the defendant *10 for a magazine entitled \u201cPrivate Issue \u2018D\u2019.\u201d The defendant checked the cover of the magazine to determine the price. The cover of the magazine depicts a woman, nude from the waist down, about to perform copulation. The female has her legs spread and her genital area is completely exposed to view.\nCase number 62220 is the case of People v. Caesar J. Serafini. On April 8,1974, Chicago police investigator Stratford Peterson entered the Venus Adult Book Store at 4751 North Pulaski. He purchased a copy of a magazine entitled \u201cThe Happy Hooker, She Loves Her Work\u201d for *7.50. The defendant determined the price of the magazine by reading it from the cover. The cover of the magazine shows a woman performing fellatio upon a male.\nCase number 62221 is the case of People v. Michael Barton. On March 4, 1974, Chicago police investigator Stratford Peterson entered Lady Chatterly\u2019s Adult Book Store, located at 3910 North Sheridan Road. He purchased from the defendant a copy of \u201cRam Rod\u201d magazine for *5. The defendant looked at the cover of the magazine in order to determine the price. The cover of the magazine depicts a woman astride a man with both of their genital areas exposed.\nCase number 62222 is the case of People v. William G. Allen. On March 11, 1974, Chicago police investigator Stratford Peterson entered the Gigi Adult Book Store located at 4001 West Armitage Avenue. He paid Mr. Allen a *1 admission charge and then proceeded to pay Mr. Allen an additional *9 for a copy of \u201cFrench Luv.\u201d Mr. Allen checked the cover of the magazine to determine the price. The cover of the magazine depicts a man performing cunnilingus on a female.\nCase number 62223 is the case of People v. John Lee. On June 29, 1973, Investigator Peterson entered Lady Chatterly\u2019s Adult Book Store at 3910 North Sheridan Road. He purchased from the defendant for $5 a copy of \u201cSexual Freedom Now.\u201d The defendant looked at the cover of the magazine to determine the price. The cover of the magazine had three photographs. One photograph depicts a man performing cunnilingus on a female. One depicts a couple engaged in the act of intercourse viewed from the genital area. The last photograph depicts a female performing fellatio on a male.\nCase number 62224 is the case of People v. John Callahan. On May 17, 1974, Investigator Peterson entered the TJ Adult Book Store. He paid *1 admission to the defendant and then purchased \u201cSauchen,\u201d a magazine, for an additional $5. The defendant looked at the cover of the magazine in order to determine the price. The cover of the magazine depicts a woman holding a man\u2019s penis about one-half inch from her face.\nCase number 63193 is the case of People v. Wallace Moore. On December 10, 1974, Investigator Peterson entered Leslie\u2019s Adult Book Store at 731 North Clark Street. He purchased a magazine entitled \u201cPrince\u201d from the defendant. The cover of the magazine depicts a nude female from the front view. In large print is the caption, \u201cA new style in pornography.\u201d\nThe exhibits in case numbers 62056 and 62057 were lost in the trial court and are not available to this court. They will be discussed separately.\nThe sole issue presented for review is whether or not the uncontradicted evidence presented in the trial court is sufficient to establish the defendants\u2019 knowledge of the obscene nature of the magazines.\nWe will first discuss the eight cases for which we have the exhibits. The defendants do not contest the well-settled principle that obscene matters are outside the protection of constitutional guarantees of free speech (Roth v. United States (1957), 354 U.S. 476, 1 L. Ed. 2d 1498, 77 S. Ct. 1304). Nor do the defendants contest the trial court, sitting as the trier of fact, is properly held to be the embodiment of community standards, competent to judge a challenged work against those standards (Smith v. California (1959), 361 U.S. 147, 4 L. Ed. 2d 205, 80 S. Ct. 215). We also note the Illinois obscenity statute (Ill. Rev. Stat. 1973, ch. 38, par. 11\u201420), which the defendants were charged with violating, was found to be constitutional by the U.S. Supreme Court in the case of Ward v. Illinois (1977),_U.S__, 52 L. Ed. 2d 738, 97 S. Ct. 2085. It is well settled in Illinois even casual examination of the cover of a magazine which is obscene is sufficient to establish defendant\u2019s liability for violation of the Illinois obscenity statute. (City of Chicago v. Doe (1964), 47 Ill. App. 2d 460.) In the instant case the trial court found the defendants knew or should have known from the scenes on the covers of these magazines, the magazines were obscene. Considering all the circumstances surrounding the defendants in these cases: (1) their employment in \u201cadult\u201d book stores; (2) their observation of the covers of these magazines; (3) the titles of the magazines; (4) the price of the magazines; and (5) the sale solely to adults, the trial court was correct in determining the defendants had knowledge of the contents of the magazines and had knowledge the magazines were obscene. Accordingly, for the reasons contained herein, the judgments of the circuit court of Cook County are affirmed.\nTurning to the two magazines which were lost in the trial court, where the record on appeal is incomplete, the reviewing court should base its decision on every reasonable presumption favorable to the judgment from which the appeal is taken. (People v. Benford (1975), 31 Ill. App. 3d 892; People v. Johnson (1976), 42 Ill. App. 3d 425.) In the instant case the trial court could observe the covers of the magazines and after observing them determined them to be obscene. We will not disturb the trial court\u2019s judgment, absent contrary evidence. Accordingly, for the reasons contained herein, the judgments of the circuit court of Cook County in these two cases are affirmed.\nMr. Justice Thaddeus V. Adesko had been assigned to these cases and heard the oral argument, but has since retired and this court has appointed Mr. Justice Philip Romiti to replace him. Mr. Justice Romiti has read the briefs, heard the oral argument on tape and concurs in these opinions.\nAll 10 cases \u2014 judgment affirmed.\nJOHNSON and ROMITI, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE DIERINGER"
      }
    ],
    "attorneys": [
      "Patrick A. Tuite and Melanie Vogl, both of Chicago, for appellants.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon and Eugene J. Rudnik, Jr., Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WALLACE MOORE et al., Defendants-Appellants.\nFirst District (4th Division)\nNos. 62218-62224, 62056-62057, and 63193 cons.\nOpinion filed September 22, 1977.\nPatrick A. Tuite and Melanie Vogl, both of Chicago, for appellants.\nBernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon and Eugene J. Rudnik, Jr., Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0075-01",
  "first_page_order": 97,
  "last_page_order": 100
}