PEOPLE v. O'NEIL

Docket No. Crim. 9136.

64 Cal.2d 666 (1966)

414 P.2d 378

51 Cal. Rptr. 250

THE PEOPLE, Plaintiff and Respondent, v. GEORGE TIMOTHY O'NEIL, Defendant and Petitioner.

Supreme Court of California. In Bank.

May 25, 1966.


Attorney(s) appearing for the Case

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

Thomas C. Lynch, Attorney General, Roger E. Venturi and Daniel J. Kremer, Deputy Attorneys General, for Plaintiff and Respondent.


PETERS, J.

Petitioner seeks relief under rule 31(a) of the California Rules of Court from his default in failing to file his notice of appeal within 10 days from the date of judgment as required by rule 31(a).

In his petition for a hearing in this court petitioner asserted that, during the vital 10-day period, he had told his attorney, the public defender, that he desired to appeal, and asked the attorney to appeal or to tell him how to do so; that the attorney...

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