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PEOPLE v. KREBS

Docket No. Crim. 8274.

62 Cal.2d 584 (1965)

400 P.2d 323

43 Cal. Rptr. 331

THE PEOPLE, Plaintiff and Respondent, v. MELVIN KREBS, Defendant and Appellant.

Supreme Court of California. In Bank.

March 30, 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, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.

PETERS, J.

Defendant seeks relief from his default in failing to file his notice of appeal in a criminal case within the 10-day limit specified by rule 31(a) of the California Rules of Court. That rule provides for relief from default in a proper case. [1] In determining whether such relief should be granted it is now settled law that the rule should be liberally construed to protect the right of appeal where...

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