People v. Kocielko

Plaintiff in error, Paul Kocielko, hereinafter known as petitioner, filed a petition under the Illinois Post-Conviction Hearing Act (Ill. Rev. Stat. 1951, chap. 38, pars. 826-832,) in the circuit court of Will County, alleging that his constitutional rights under the constitutions of the United States and the State of Illinois had been violated. The State’s Attorney of Will County filed a motion to strike the petition and after a hearing the circuit court sustained the motion and dismissed the petition. On this hearing the petitioner was represented by the public defender of Will County,…