Johnson v. People

Defendant Johnson alleged, in his motion under Crim. P. 35 (b), that the trial court had exceeded its jurisdiction when it sentenced him to more than fourteen years on the charge of robbery. The trial court summarily denied the motion on the ground that this matter should have been raised on writ of error and is .. not subject to review...” under Crim. P. 35(b).

Defendant Johnson, and one Charles Wesley Ray, were convicted in 1959 of “aggravated robbery” after trial to a jury. They appealed their convictions by writ of error. Defendant Johnson did not assign as error this matter of his…