People v. Joyce

In 1929 Patrick Joyce was indicted for the crime of murder, found guilty by a jury, and sentenced to imprisonment for life. In 1951 he filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1951, chap. 38, pars. 826-832,) to have his conviction set aside. A hearing was had in the criminal court of Cook County and the court granted the petition, vacated the judgment of conviction, and ordered a new trial. The People have prosecuted this writ of error to review that judgment.

We are faced' at the outset with a challenge to our jurisdiction. Since the judgment below directed a…