People v. Hudak

WHITE, P. J.

In an information filed by the District Attorney of Los Angeles County, defendant was charged in three counts with violations of Penal Code, section 337a. Count I alleged a violation of subdivision 1 of the foregoing statute in that defendant was engaged-in “pool selling and bookmaking.” Count II alleged a violation of subdivision 2 in that defendant kept and occupied an apartment for the purpose of recording and registering bets. In Count III defendant was accused of a violation of subdivision 4 in that

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he recorded and registered bets. The information also alleged a prior conviction of the crime of receiving stolen property, a felony.

Following the entry of not guilty pleas as to each count and denial of the prior conviction, the cause proceeded to trial before the court sitting without a jury resulting in the conviction of defendant on Count II, and his acquittal on Counts I and III. The allegation of a prior conviction was found to be true. Defendant’s motion for a new trial was denied, proceedings were suspended, and defendant granted conditional probation. From the judgment of conviction and the order denying his motion for a new trial defendant prosecutes this appeal.

We regard the following as a fair epitome of the factual background surrounding this prosecution. On the afternoon of February 18, 1956, at approximately 2 o’clock, Bruce Keesling, a deputy sheriff of Los Angeles County, attached to the vice detail, engaged in a telephone conversation with a person whom he had previously seen and talked to, but who was not a paid informer nor someone pursuant to whose previous conversations the deputy sheriff had made any arrests for bookmaking. The telephone number LUdlow 91441 was received from the informer. The informer stated he knew the telephone number that one could telephone bets in to, how to telephone them in, who to pay, and how to get the payoff, and therefore, in the expressed opinion of Deputy Sheriff Keesling, he was “on the inside” with the bookmakers.

Deputy Sheriff Keesling took the telephone number LUdlow 91441 to the telephone company and “ran it through the company’s records.”

He and Sergeant Johnson then went to Apartment D at 3538 Bast 56th Street in Maywood. Deputy Sheriff Keesling used the telephone in Apartment D to dial LUdlow 91441. Deputy Sheriff Keesling had been told where the telephone answering that number was located. A male answered at the other end, saying, “Yes.” Deputy Sheriff Keesling said, “This is Buck. I want five and five on Placer in the seventh at Santa Anita.” The person at the other end of the telephone said, “Is that all you’ve got?” and the deputy sheriff said, “Yes,” and hung up.