(Download) "People v. Krebs" by Supreme Court Of California In Bank # Book PDF Kindle ePub Free
eBook details
- Title: People v. Krebs
- Author : Supreme Court Of California In Bank
- Release Date : January 30, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
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. 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 reasonably possible, and to that end doubts should be resolved in favor of the defendant. (See review of cases in People v. Curry, ante, p. 207 [42 Cal. Rptr. 17, 397 P.2d 1009]; see also In re Notz, ante, p. 423 [42 Cal. Rptr. 321, 398 P.2d 593].) It is also settled that, absent grounds of waiver or estoppel, the defendant is entitled to relief where he requests his trial counsel, within the 10-day period, to appeal, and the attorney does not do so, even though the attorney makes no express promise to appeal. (People v. Curry, supra, ante, p. 207.)
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