The PEOPLE v. Doherty

Petitioner, Dennis Doherty, whose conviction of murder was affirmed on writ of error, (People v. Doherty, 28 Ill.2d 528,) now appeals from an order of the circuit court of Cook County which, on motion of the People, dismissed his petition seeking relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1963, chap. 38, par. 122 — 1 et seq.) It is his contention that allegations asserting the denial of constitutional rights at the time of his arrest, during detention, and in the course of his trial were sufficient to require a hearing.

The petition alleges that petitioner was awakened in…