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IN RE GONSALVES

Docket No. Crim. 5986.

48 Cal.2d 638 (1957)

311 P.2d 483

In re ABEL GONSALVES, on Habeas Corpus.

Supreme Court of California. In Bank.

May 31, 1957.

Attorney(s) appearing for the Case

Abel Gonsalves, in pro. per., and Jerome A. Duffy, under appointment by the Supreme Court, for Petitioner.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Arlo E. Smith, Deputy Attorney General, for Respondent.

SCHAUER, J.

Petitioner in this habeas corpus proceeding seeks a determination that he instituted an appeal by the timely constructive filing of a notice of appeal from the judgment under which he is held. This notice was not received by the clerk of the superior court which rendered the judgment. We have concluded that habeas corpus is an appropriate proceeding to enable petitioner to obtain a declaration to that effect so that he will be able to have a record prepared...

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