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PEOPLE v. COLLIER

Docket No. Crim. 7943.

62 Cal.2d 543 (1965)

399 P.2d 569

43 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. CLIFFORD T. COLLIER, Defendant and Appellant.

Supreme Court of California. In Bank.

March 9, 1965.

Attorney(s) appearing for the Case

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

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edward A. Hinz, Jr., Deputy Attorney General, for Plaintiff and Respondent.

PETERS, J.

Petitioner seeks relief from his default in failing to file his 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] The power to grant such relief should be liberally exercised to avoid, if possible, the loss of the right to appeal. The prior cases announcing and applying that liberal rule have been cited and reviewed...

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