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PEOPLE v. DIEHL

Docket No. Crim. 7676.

62 Cal.2d 114 (1964)

396 P.2d 697

41 Cal. Rptr. 281

THE PEOPLE, Plaintiff and Respondent, v. HAROLD N. DIEHL, Defendant and Appellant.

Supreme Court of California. In Bank.

November 27, 1964.

Attorney(s) appearing for the Case

Frank C. Morales, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Albert W. Harris, Jr., Robert R. Granucci and John F. Kraetzer, Deputy Attorneys General, for Plaintiff and Respondent.

PETERS, J.

Petitioner seeks relief from his default in failing to file a notice of appeal in a criminal case within the 10-day period specified by rule 31(a) of the California Rules of Court. That rule provides for relief from default in a proper case.1 [1] It is now settled that the power conferred by that rule should be liberally exercised to avoid, if possible, the loss of the right to appeal. (People v. Casillas...

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