People v. D'Angelo

WOOD (Parker), J.

Defendant was accused of the crime of violation of section 337a, subdivision 2, of the Penal Code, in that he kept and occupied certain premises in Los Angeles with books, papers, and paraphernalia for the purpose of recording bets upon the results of horse races. It was also alleged in the information that defendant had been convicted previously in Pennsylvania of the crime of “breaking and entering with intent to commit larceny, a felony,” and he had served a term of imprisonment therefor in the state prison. He pleaded not guilty, and denied the prior conviction. Trial by jury was waived. The court adjudged that defendant was guilty, and that the charge of prior conviction was true; and sentenced him to imprisonment in the county jail for 30 days. He appeals from the judgment and the order denying his motion for a new trial. His contention is that the evidence was not sufficient to support the judgment.

The ease was submitted to the trial court, upon the transcript of the preliminary hearing, with a stipulation that police officer Jenkins, a witness at that hearing was qualified as “an expert on bookmaking matters”; and upon the testimony of the defendant at the trial. That transcript showed that police officer Conly testified as follows: He went into a beer parlor in Los Angeles, known as the' Village Cafe, on December 2, 1942 (the day before the arrest), about 2:45 p.m., and from a place near the entrance he observed defendant standing at the “far end” of the bar, which was 30 or

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35 feet .in length. Six or seven men at the other end of the bar, who were looking at scratch sheets, made notations on “a slip” of paper, called defendant over, and gave the slip of paper to him. On three occasions, during the 30 minutes the witness was there drinking two bottles of beer, he saw those men hand money to defendant, and saw defendant go into a back room and come out of that room after he had been in there about one-half of a minute. On the next day, December 3rd, about 3 p.m., he (witness) went into the same place again and saw “these men” sitting at the bar, looking at scratch sheets. He also saw one of the men, whose name was Prakes, make notations on a pad of paper on three occasions, call defendant over, talk to defendant a minute, and then give defendant a slip of paper, some currency and silver. On those occasions he saw defendant write on a pad and immediately go into the back room. Defendant came out of the back room after 7 or 8 minutes. He also saw another man make notations on a pad, call defendant over, and give money to him; and on that occasion he saw defendant “go with the slip of paper” into the back room, and come out again. In about 10 minutes thereafter, Prakes made notations on a pad, while looking at a scratch sheet, and called the defendant over after making the notations and gave him some money. On that occasion defendant took the slip of paper and went into the back room again. Then he (witness) went out and signaled to police officer Jenkins. When the witness saw the other officer coming, he returned to the cafe and went back to the place where “these men” were with the scratch sheets and where one of them was making notations on a scratch sheet. Just as the other officer entered the door the defendant looked toward the other officer, turned to Prakes and said, “Nix, nix.” Prakes immediately put a pencil in his pocket, and about that time the other officer took the scratch sheet from Prakes. He saw some of the other men writing on slips also. He saw defendant serve drinks to persons in the cafe on December 3rd. He saw defendant write on the pads of paper, tear off the top sheet, put the pads back on the bar in front of the men sitting there, and then go into the back room. He did not see what defendant wrote on the pads. The way to the lavatory was through that back room.