People v. Abrams

WOOD (Parker), J.

Defendant was accused of violating section 337a, subdivision 3, of the Penal Code, in that he unlawfully received money offered for the purpose of being wagered upon the result of a horse race. Trial by jury was

[585]

waived. He was adjudged guilty. His motion for a new trial was denied. Probation was granted and execution of sentence was suspended. The notice of appeal recites that he appeals from the judgment, verdict, sentence and the “denial” of his motion for a new trial. Since an appeal from a verdict or sentence is not authorized, the purported appeals therefrom will be dismissed.

(People

v.

D’Elia,

73 Cal.App.2d 764, 766 [167 P.2d 253].)

Appellant contends that the evidence was insufficient to justify the conviction.

By stipulation the People’s case was submitted upon the transcript of the preliminary examination and the exhibits referred to therein.

On February 15, 1951, at 12:05 p.m., when a police officer entered a restaurant which was operated by defendant, there were numerous customers therein and the defendant was waiting on them. The officer testified that he sat at the counter beside an unidentified man who said to the defendant, “Let me see your sheet”; the defendant took a scratch sheet from his pocket and handed it to the man; the man looked at the sheet, engaged in conversation with another man next to him, and handed the sheet to the defendant; shortly after that another man, who was sitting about four seats from the officer, stopped the defendant and they looked at a slip of paper, which was on the counter, on which there were pencil notations; they had a conversation, which the witness could not hear, and when the defendant left the man he stated that “he was in the first race”; the defendant then walked to the rear of the restaurant and gave the scratch sheet to another man; that man looked at the sheet for a few minutes and gave it to the defendant; about 12:20 p.m., a man entered the restaurant and the defendant went to the cash register which was about 10 feet from the officer, and the man who had just entered the restaurant said to the defendant, “Poor Idea in the fifth”; the defendant said, “O.K.,” picked up the racing section of the newspaper, which was on the counter near the cash register, looked at it, and then stated, “That is Poor Idea. O.K. How do you want it!” and the man replied, “To win”; the man extended his hand with two one dollar bills in it; the defendant accepted the bills and placed them in his pocket; the man left the restaurant; he did not eat in the restaurant at that time; about 12:27 p.m., the defendant turned on the radio and in a few minutes the race results were broadcast; defendant opened