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People vs .

Aparici 52 OG 249 OBSCENITY

Facts: The accused was caught while performing in a theater wearing nylon patches to cover
her breasts and nylon panty. She avers that she was performing and artistic hula-hula dance to
portray a widow who lost her husband after being killed by a Japanese. However the crowed
watching were howling and cheering to continue her performance because they were sexually
aroused.

Defense:

The crowd she performed to was of the lower class.

Ruling:

The test of obscenity is whether the tendency of the matter charged as obscene is to deprave or
corrupt those whose minds are open to such immoral influences. The test therefore was
satisfied with the crowds reaction. Her defense that the crowd was of lower class, was not
supported by any proof. Moreover, it doesnt matter what class the crowd belonged to. What is
important is Aparicci while performing the hula-hula dance was able to induced or encourage
the crowd to think of immoral acts.

Guilty of obscenity

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