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THE PEOPLE v. SMITH

No. 40277.

39 Ill.2d 581 (1968)

237 N.E.2d 458

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HAROLD D. SMITH, Appellant.

Supreme Court of Illinois.

Opinion filed May 29, 1968.

Attorney(s) appearing for the Case

FRED L. WHAM, of Rockford, appointed by the court, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and WILLIAM R. NASH, State's Attorney, of Rockford, (DANIEL D. DOYLE, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Petitioner, Harold D. Smith, appeals from the order of the circuit court of Winnebago County dismissing, on the State's motion, his pro se petition filed under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1965, chap. 38, par. 122-1 et seq.) He charges that the trial court erred in not appointing counsel to represent him in the post-conviction proceedings and...

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