The PEOPLE v. Hamby

In June of 1956 the defendant, Carl Hamby, was found guilty of armed robbery and sentenced to imprisonment for not less than 25 years nor more than life. That judgment was affirmed on writ of error in People v. Hamby, 27 Ill.2d 493. While the case was pending in this court on writ of error, the defendant filed a post-conviction petition. After the judgment was affirmed, the People amended their motion to dismiss the post-conviction petition by adding as a ground of dismissal an assertion that the contentions advanced were res judicata by reason of the judgment of this court. The motion to…