The PEOPLE v. Smith

On November 3, 1965, Leon Smith was found guilty of armed robbery by a Cook County jury and sentenced to a term of four to eight years imprisonment following a trial in which he was represented by privately retained counsel. On April 27, 1967, Smith filed a pro se post-conviction petition, and the public defender was appointed to represent him.

We agree that the petition was properly dismissed because it failed, to allege facts showing a substantial denial of Smith’s constitutional rights. (See Ill. Rev. Stat. 1967, chap. 38, par. 122—1.) Petitioner alleged (1) that “the identification of the…