People v. Lindsey

VALLEE, J.

Appellant was convicted of a violation of Penal Code, section 337a, subdivision 3, providing that every person who receives or holds, or purports or pretends to receive or hold, any money wagered or to be wagered, or offered for the purpose of being wagered, upon the result or purported result, of any contest or purported contest, of skill, speed or power of endurance between beasts, is guilty

[916]

of a public offense. He appeals from the judgment and from the sentence imposed. As no appeal lies from the sentence, that appeal is dismissed.

(People

v.

Tallman,

27 Cal.2d 209, 215 [163 P.2d 857].)

The facts are these:

On August 10, 1948, at 3:50 a. m., a police officer in civilian clothes entered the premises at 2800 North Figueroa Street, Los Angeles. He asked appellant for and was served “a beer.” The following conversation then occurred between the officer and appellant: Officer: “Did the cops take Bill?” Appellant: “Yes, they did.” Officer: “Well, I wanted to make a bet on ‘Mince,’ in the 5th. Who will I see now?” Appellant: “I will. How much do you want to bet?’’ Officer: “Give me two to win and two to show on ‘Mince’ in the fifth at Del Mar.” The officer handed appellant a $5.00 bill and appellant returned a $1.00 bill to him. Further conversation then occurred. Officer: “I’ll be working in the morning and I want to phone in a bet. But I won’t be near here. Where can I phone?” Appellant: “You can call me here.” There was a paper and a pencil at appellant’s elbow. The officer tore a piece off and wrote down the number which appellant gave him.

It was stipulated that “Mince” was a horse running on some track in the United States on August 10, 1948, and that the expression “$2.00 to win and $2.00 to show on ‘Mince’ ” was a wager. On August 11, 1948, the officer returned to the premises and had the following conversation with appellant: Appellant: “I owe you $3.80 on ‘Mince’ and Bay owes you $12.90 on ‘Bill Bartlem.’ However, you didn’t pay Bay the $4.00 that you bet, you didn’t pay me the $2.00 that you phoned in this morning, that leaves me owing you $10.50.”' Appellant then gave the officer $10.50.