Opinion
Gen. No. 42,725. (Abstract of Decision.)
Opinion filed February 10, 1944
OBSCENITY AND INDECENCY § 2 — insufficiency of evidence of guilt of possessing lewd and obscene books and pictures. On prosecution for defendant's allegedly having in his possession lewd and obscene books and pictures, found in store operated by another, held that police officer's testimony as to defendant's oral admission of guilt, claimed to have been made on day following his arrest, was too shadowy and tenuous to overcome presumption of defendant's innocence and was clearly insufficient to establish his guilt beyond reasonable doubt (Ill. Rev. Stat. 1941, ch. 38, par. 468; Jones Ill. Stats. Ann. 37.418).
See Callaghan's Illinois Digest, same topic and section number.
Error to the Municipal Court of Chicago; the Hon. JOSEPH B. HERMES, Judge, presiding.
Judgment reversed. Heard in the second division, first district, this court at the December term, 1943.
Jack L. Sachs and Cameron Latter, for plaintiff in error;
Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher, Melvin S. Rembe and Joseph A. Pope, Assistant State's Attorneys, of counsel.
Not to be published in full. Opinion filed February 10, 1944.