People v. Mason

MOORE, P. J.

Defendant was convicted of violating subdivision 2 of section 337a of the Penal Code which inhibits the occupancy of a room with paraphernalia for the purpose of recording bets on horse races. He bases his appeal upon the following grounds: (1) Insufficiency of the evidence; and (2) errors of law in the admission of the evidence.

(1) Defendant was arrested in a living room of a bungalow in a bungalow court in an outlying residential section of Los Angeles. The arresting officer took from his hand two rundown sheets dated June 13th; lying on the table in the center of the room were various betting markers and additional rundown sheets. The officer took frqm defendant’s pocket a National scratch sheet, a rental receipt for the bungalow and a key to the front door of the bungalow. Three telephones and a headset were installed in the living room. Defendant stated to the officer that he was making a book; that the betting markers were in his handwriting; that he had been there a week and that no one else had anything to do with the bookmaking; that he had once had partners but was then working on his own. The betting markers taken from the table contained the names of “Bosca” and “Easter Parade” as horses running at the Hollywood track on the date of the arrest. The landlord identified defendant as the person to whom he had rented the bungalow.

The foregoing facts are both sufficient and competent to justify the conviction of defendant of the crime of which

[409]

he was accused. (See

People

v.

Reifenstuhl

this day filed

(ante,

p. 402 [99 Pac. (2d) 564]);

People

v.

Hinkle,

64 Cal. App. 375 [221 Pac. 693].)

(2) The claim of prejudicial error in admitting the defendant's confession before the proof of the