In Kamsler, the Court stated: "It is well settled that where a person convicted of a crime has taken an appeal from the judgment of conviction on a complete record, the judgment of the reviewing court is res judicata as to all issues actually decided by the court * * *" 233 N.E.2d at 416. In Arnold, the Court held that as the petitioner was simply attempting to argue, in somewhat altered form, the same questions originally presented to the trial court and reviewed by the Appellate Court, those issues had become res judicata and post-conviction relief would not lie. See, also, People v. Price, 44 Ill.2d 332, 255 N.E.2d 395 (1970); People v. Derengowski, 44 Ill.2d 476, 256 N.E.2d 455 (1970); People v. Harrison, 46 Ill.2d 159, 263 N.E.2d 87 (1970); People v. Smith, 46 Ill.2d 430, 263 N.E.2d 860 (1970). The petitioner herein is in the identical situation as the defendants were in Kamsler and Arnold. He has heretofore appealed his convictions to the Illinois Appellate Court, and has, in addition, petitioned for leave to appeal to the Illinois Supreme Court, which was denied, raising at trial and in both appeals those claims which he urges herein.
( 71 Ill. App. at 214.) And while we believe there is merit to the position of the State that the remaining claims sought to be alleged were waived by defendant's failure to raise them in the original appeal (see: People v. Price, 44 Ill.2d 332; People v. Derengowski, 44 Ill.2d 476), it is enough to say that none of them establish the denial of constitutional rights. In support of the allegation that it was fundamentally unfair to permit the voluntary manslaughter count to be nol-prossed after trial had started, it is argued that the jurors might have been given the impression that they could only find defendant guilty of murder and that it was not permissible for them to find him guilty of a lesser included offense.
Accordingly any claim which petitioner might have had but did not raise in the original proceedings is considered waived and inappropriate for consideration on ancillary review. See People v. Price, 44 Ill.2d 332; People v. Weaver. The judgment of the circuit court of Cook County is affirmed.
Since Langford knew of the alleged intimidation at the time of trial, petitioners could have preserved the error for our review in their direct appeal. Well settled principles of res judicata bar this argument now. Post-conviction proceedings are not intended to be used as a device to obtain further consideration of claims of denial of constitutional rights where the claims were or could have been raised previously. People v. Ward (1971), 48 Ill.2d 117, 121, 268 N.E.2d 692, cert. denied (1971), 404 U.S. 849, 30 L.Ed.2d 87, 92 S.Ct. 155; People v. Price (1970), 44 Ill.2d 332, 333, 255 N.E.2d 395; People v. Hill (1968), 39 Ill.2d 61, 63, 233 N.E.2d 546. B.