People v. Penson

FOX, J.

Defendant was charged with bookmaking and recording bets on horse races, in violation of subdivisions 1 and 4, respectively, of section 337a, Penal Code. It was also alleged that she had suffered a prior conviction of selling and concealing heroin, a felony, and that she had served a term of imprisonment therefor. Defendant was found guilty on

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both counts, and the court further found the charge of prior conviction to be true. She appeals from the judgment.

On January 11, 1956, at approximately 4:30 in the afternoon, Officer Allen, of the Los Angeles Police Department, assigned to the Administrative Vice Division, accompanied by Officer Gough, went to 1108 Bast Vernon Avenue, Los Angeles, pursuant to a tip from an informant who advised them that bookmaking activities were taking place in the back room of this location by the use of a telephone, operated by a woman. The informant had previously given the police officers information which had proved reliable, based upon which they had made arrests and secured convictions.

The establishment where the arrest took place was divided by a partition, the front portion of which was a barber shop, and the back portion was in the nature of a combination lounge and rest room. The door in the partition had a small window, approximately 8 inches by 10 inches in size; a portion of the glass had been painted over, leaving some four inches of visibility, so that one could see only through an area of about 4 inches by 10 inches. In the partition was a two-way mirror of dark blue color. By means of this mirror one could see from the back room into the barber shop, but could not see from the barber shop into the back room.

When the officers entered the back room they followed a man who knocked on the door, which was opened for him. They observed a woman talking on the telephone. In front of her was an adding machine which she was operating. When defendant observed the officers she dropped the telephone and suddenly turned toward them. On the table next to the adding machine were several pieces of folded paper. With one motion, defendant brushed these papers onto the floor. They were, however, retrieved by the officers; they proved to be betting markers. Defendant, very hurriedly, went to the back of the room, at which time she was placed under arrest. There was also a piece of paper in the adding machine with a few notations on it. A copy of the National Daily Reporter, commonly known as a “scratch sheet,” was found on the table. There was a radio in the room from which racing results were heard being broadcast from a Mexican station. There were six other people in the room looking at scratch sheets.