Rehearing denied May 17, 1961. Petitioner was convicted of obtaining money by means of the confidence game and was sentenced to the penitentiary for a term of not less than three nor more than ten years. His conviction was reviewed by this court on writ of error and was affirmed. (People v. Lewis, 17 Ill.2d 403.) Thereafter he filed a petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1959, chap. 110, par. 72), praying that judgment and sentence be vacated on the ground that his conviction was obtained by perjured testimony. The trial court allowed the State's motion to strike and dismissed the petition. Petitioner appeals directly to this court, on the ground that this is considered a criminal case above the grade of misdemeanor. People v. Quidd, 409 Ill. 137.
