Camarillo

Petitioner seeks an order permitting him to file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. Rule 31(a) requires that notice of appeal in a criminal case be filed within 10 days after rendition of judgment but empowers appellate’ courts to grant relief from default in a proper case. This power is to be liberally exercised. (People v. Ruch, 65 Cal.2d 138, 139 [ 52 Cal.Rptr. 585 , 416 P.2d 817 ].) Under this liberal rule petitioner has presented a proper case for relief.

In 1965 petitioner, then age 17, was charged with murder and felonious assault with a deadly weapon (Pen. Code, §§ 187, 245). He pleaded not guilty, and, at trial before a jury, was represented by private counsel retained by petitioner’s family. The jury’s verdicts found petitioner guilty of second degree murder and of the assault. He was sentenced November 29, 1965, and no notice of appeal was filed with the trial court.

On April 25, 1966, less than five months later, petitioner filed with the Court of Appeal, Second District, an application for leave to file a late notice of appeal on the ground that *457 lie had requested his trial counsel to appeal, but he had not done so.…