People v. Richman

Defendant, Irving Richman, pleaded guilty to a charge of possessing, with the intent to sell, unstamped cigarettes in violation of the Illinois Cigarette Tax Act, and was fined $1,000 (Ill. Rev. Stat. 1973, ch. 120, par. 453.24(a)). His post-conviction petition under article 122 of the Code of Criminal Procedure of 1963 was denied without an evidentiary hearing. (Ill. Rev. Stat. 1973, ch. 38, par. 122 — 1 et seq.) Defendant appeals.

Defendant contends on appeal that the trial court erred in denying the petition in that (1) defendant was not engaged in the business of selling cigarettes in…