People v. Oliverio

WILSON, J.

The only point raised by appellant for a reversal of the judgment in this case is that the evidence is insufficient to sustain his conviction of bookmaking in violation of subdivision 3, section 337a

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of the Penal Code.

Appellant presented a motion for a new trial which was denied, whereupon he was sentenced to imprisonment in the county jail. Execution of the sentence was suspended and he

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® was placed on probation for a period of three years. He has appealed from the judgment of conviction and from the order denying his motion for a new trial.

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A statement of the evidence will demonstrate its sufficiency. A police officer had had appellant under observation for about three and a half weeks in a pool hall. On the date of arrest the officer had observed appellant for approximately an hour. The latter was approached from time to time by various people each one of whom had a conversation with him. Bach would hand him a sum of money which he placed in his pocket, and he would then go to the pay telephone at the front of the room, dial a number and hold a short conversation. Appellant was approached by a person who said, “Give me Lurline; give me Jimmie John, five, one to place.” This person handed appellant a sum of money which he placed in his pocket and went to the telephone. The officer moved close to the telephone and heard appellant say, “Jimmie John, one to place; and also, Lurline B, one to place. ’ ’ About 10 minutes later a person approached appellant and asked, “What did my bet pay?” to which he replied, “Ten, ten,” took money from his pocket and handed it to the person. The officer left the pool hall and went across the street to confer with his fellow officer. When he returned to the pool hall appellant had left. The latter was arrested subsequently as he was returning home. The National Scratch Sheet, dated the day of the above mentioned occurrence, was fixed in a cardboard sign to the left of the pay telephone which appellant would consult while holding his telephone conversations..

Another officer entered the pool hall, heard the telephone bell ring “at least a dozen times.” He answered it and the names of horses were given to him in the succeeding conversations.