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On March 29, 1967, a jury in the circuit court of Rock Island County found the petitioner, Edward Charles Curtis, guilty of
burglary and he was sentenced to 10 to 20 years in the penitentiary. The judgment of conviction was affirmed by the appellate
court. (People v. Curtis, 90 Ill. App.2d 231.) The petitioner, acting pro se, filed a petition, later amended by him, under
the Post-Conviction Hearing Act (Ill. Rev. Stat. 1969, ch. 38, par. 122-1 et seq.). Thereafter at the petitioner's request
counsel was appointed to represent him. The amended petition was later dismissed, without an evidentiary hearing, by the circuit
court. This appeal concerns the correctness of that dismissal. He was entitled to an evidentiary hearing, the petitioner first contends, on the basis of the petition's allegations (1)
that the prosecutor, violating the petitioner's constitutional rights, suppressed certain evidence possibly useful to the
petitioner and (2) that the prosecutor deprived the petitioner of his constitutional right to a fair trial by improper argument
to the jury. The evidence claimed to have been suppressed allegedly was a report of fingerprint tests performed on a sledge
hammer found at the scene of the burglary and later introduced into evidence at the trial. The complained-of argument concerned
an alleged statement by the prosecutor to the jury that it would not be possible for fingerprints to be preserved or retained
on a sledge hammer. The petitioner claims that when the alleged statement was made the prosecutor was in possession of a report
indicating that there was a fingerprint on the hammer.

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