People v. Greco

WOOD, J.

Defendants were charged in count I of the information with the violation of subdivision 2 of section

[630]

337a of the Penal Code and in count II they were charged with the violation of subdivision 1 of the same section. Having been found guilty on both charges at a jury trial, they have appealed from the judgments and from the order denying a new trial.

At about 2 o’clock in the afternoon of March 20, 1941, two police officers entered a confectionery and cigar store at 1009 Federal Boulevard in Sawtelle. This establishment, which had living quarters in the rear, was then being operated by defendant Wyre, who had operated it for about four years. As the officers entered Wyre was standing back of a show case and looking at a scratch sheet bearing date of that day but when he saw the officers he dropped a pencil which “was posed like he was about to make a notation on it.” Several other scratch sheets were found on the counter bearing the dates March 20 and March 19. In a wastebasket behind the counter the officers found several torn betting markers which were identified as bookmaking paraphernalia. These sheets contained recorded bets on races run at various race tracks.

Defendant Greco was sitting at a table in the living quarters at the rear of the store when the officers entered. He had before him a sheet of paper identified as a pay-off, or collection, sheet which was shown to be part of the paraphernalia used by bookmakers. Greco was in the act of writing on a pad of paper. In response to an inquiry by one of the officers Greco stated that he did not have a car and that he intended to take a bus home but the officer found a key on his person which fitted an automobile in front of the premises. In the dashboard compartment of this automobile the officer found a number of betting markers and a number of papers showing the initials of various persons from whom certain sums were to be collected or to whom sums were to be paid. Greco admitted to the officer that he was collecting bets for someone else and asked the officer if he might be permitted to make a copy of the sheet that was on the table at the time of his arrest else he might “get fired.” He stated that the man for whom he was collecting bets was known to him only as “Vick.” He further stated that he was regularly employed by one of the newspapers but that in addition to his work he was collecting bets for the party known as “Vick.” Greco testified concerning the various individuals whose initials appeared on the betting markers and from