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THE PEOPLE v. SMITH

No. 42239.

45 Ill.2d 91 (1970)

256 N.E.2d 800

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES B. SMITH, Appellant.

Supreme Court of Illinois.

Opinion filed March 24, 1970.

Attorney(s) appearing for the Case

JOHN W. STACK, of Chicago, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and JOSEPH ROMANO, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

Defendant, James B. Smith, was convicted in a 1963 Cook County circuit court bench trial of taking indecent liberties with a child. In 1967, he filed a petition pro se under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1967, ch. 38, pars. 122-1 et seq.), claiming incompetency of the assistant public defender who served as court-appointed trial counsel. Private counsel...

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