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PEOPLE v. DURLEY

No. 44727.

53 Ill.2d 156 (1972)

290 N.E.2d 244

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JOHN DURLEY, Appellant.

Supreme Court of Illinois.

Opinion filed November 30, 1972.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago (LEE T. HETTINGER and JAMES J. DOHERTY, of counsel), 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 ROBERT C. SAMKO, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

MR. JUSTICE DAVIS delivered the opinion of the court:

The issue in this appeal is whether the trial court properly denied the petitioner, John Durley, an evidentiary hearing, in connection with his post-conviction petition, for failure to raise a substantial constitutional question. The factual circumstances in connection with the offense are adequately set forth in our prior decision (51 Ill.2d 590...

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