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District Court of Appeal, Third District, California.


Cr. 1848.

Decided: November 26, 1943

Nathan B. McVay, of Modesto, for appellant. Robert W. Kenny, Atty. Gen., and T. G. Negrich, Deputy Atty. Gen., for respondent.

It appears that the record on appeal in this action was filed in this court on August 4, 1943; that said cause was, on or about the 5th day of October, 1943, ordered placed on the calendar for hearing and argument on November 4, 1943, and counsel for appellant notified of said hearing; that no brief was filed in this court by said appellant and that there was no appearance for appellant on November 4, 1943, when said cause was called; that this court at said time ordered that appellant have twenty days' additional time within which to file his brief and that his counsel be notified that if said brief be not filed within said time said appeal would be dismissed; that appellant's counsel was so notified on the 4th day of November, 1943; that more than twenty days have now elapsed and no brief has been filed by appellant. It is therefore ordered that the appeal in said action be and it is hereby dismissed.


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