People v. Baker

WOOD (Parker), J.

Defendant was convicted in a nonjury trial of violating section 337a, subdivision 2, of the Penal Code in that she unlawfully kept and occupied a room with papers and paraphernalia for the purpose of recording bets on a horse race. (She was also charged with violating subdivision 1 [bookmaking] and subdivision 4 [recording a bet], but she was acquitted of those charges.) She appeals from the judgment of conviction, and the order denying her motion for a new trial. Her contention is that the evidence was insufficient to support the judgment or the order.

[428]

Officer Bradley, an expert in bookmaking activities, testified that on August 11, 1952, about 3:20 p. m., he was observing a music or record shop at 4419 Avalon Boulevard in Los Angeles; at that time he was in a grocery store directly across Avalon Boulevard from the shop; he saw the defendant standing behind the counter in the shop; then he saw a woman enter the shop and go to the counter in front of defendant ; the defendant and the woman stood there a few seconds, and then defendant went to an adding machine which was about three feet to her left on the counter; she manipulated the machine several times; a few minntes later, a man entered the place, leaned over the counter and stood there a very short time facing defendant; then defendant went to the adding machine and manipulated the machine several times; a few minutes later, another man went in and had a similar transaction, following which defendant manipulated the adding machine; none of those three persons, who entered the shop, took anything into or out of the shop in Ms or her hands; about 3:35 p. m., while defendant was seated by a window in front of the counter, a woman came out of 4421 Avalon Boulevard (next door) and entered the shop; defendant then went behind the counter to a place near the adding machine; after the woman had stood at the counter in front of defendant a few seconds, the defendant manipulated the adding machine; thereafter the woman went away; about five minutes later, a Mrs. Rogers entered the shop and she and defendant stood next to the counter a few minutes; then defendant operated the adding machine, reeled off some of the adding machine tape, tore the tape off, folded and handed it to Mrs. Rogers, who put it in her dress pocket; then the officer entered the shop and, while defendant was about three feet from him, asked Mrs. Rogers to remove the articles from her pocket ; she removed two articles and said that was all she had; he asked her to see if there were other papers in her pocket; then she removed the adding machine tape and handed it to him.