People v. Tucker

This is a petition by Homer T. Tucker under rule 31(a) of the California Rules of Court1 for relief from a late filing of a notice of appeal in a criminal case. This is one of a series of cases involving the proper interpretation of that rule. It has already been determined that such rule confers power on the appellate courts to grant relief from a late filing, and that such rule should be liberally interpreted so as to protect the right of appeal. (People v. Casillas, ante, pp. 344, 346 [38 Cal.Rptr. 721, 392 P.2d 521].)

Petitioner was convicted of second degree murder. He was then…