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PEOPLE v. McBRIDE

Docket No. 2437.

122 Cal.App.2d 409 (1953)

264 P.2d 991

THE PEOPLE, Respondent, v. MILNE McBRIDE, Appellant.

Court of Appeals of California, Third District.

December 31, 1953.

Attorney(s) appearing for the Case

Hugh F. Melvin, Jr., for Appellant.

Edmund G. Brown, Attorney General, and Gail A. Strader, Deputy Attorney General, for Respondent.

PEEK, J.

This is a motion by the state to dismiss defendant's appeal upon the sole ground that it was not filed "within ten days after the rendition of the judgment" as provided in rule 31 of Rules on Appeal.

[1] At the outset defendant is confronted with the general rule that the time for filing notice of appeal is jurisdictional and cannot be extended by action of the parties or by order of the court. (People v. Behrmann,

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