People v. Stanley

GRIFFIN, J.

Defendant-appellant Cordon was charged in count one of an indictment, along with defendants Stanley and Phillips, with the crime of conspiracy to commit the offense of bookmaking (violation of Pen. Code, §§ 182, subd. 1, and 337a). Five separate overt acts are charged. As to count one the jury returned a verdict of guilty. Appellant’s sentence was suspended and he was granted probation for three years. As a part of the conditions of probation, he was to serve six months in the detention facilities of San Diego County and pay a fine of $1,000, not associate with any known bookmakers, not cross the international border into Mexico, and

not have a telephone in his home or upon any property under his control,

except his wife may have such telephone while he is in custody.

Appellant, on appeal, claims: (1) that the evidence is insufficient to establish a conspiracy as alleged; (2) error in the admission of certain evidence and in denying his motion for a directed verdict and for a new trial; and (3) imposition of unreasonable conditions pertaining to the telephone service as above italicized.

One Schrader, District Attorney Investigator, testified that between July 1st, 1957, and October 21st, 1957, he placed numerous bets on horse races with defendant Stanley at her place of business (a souvenir shop located at 1023 Fourth Avenue) in San Diego; that on several occasions, immediately upon taking the bets, she informed the investigator that she would telephone the bets in and thereupon she would place a telephone call; that on certain of these occasions the investigator overheard defendant state the name of the horse, the name of the track and the amount of the bet, over the telephone. He observed other persons placing bets on horse races with her on some of the occasions on which he was in her place of business. On the afternoon of July 29th the investigator observed the numbers AT-44722, which defendant

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Stanley dialed after taking his bet (Overt Act No. 2) and he determined that the number was of a telephone located at 4438% 30th Street, San Diego. On August 1st, after placing a bet with defendant Stanley, the investigator again observed her dialing the same number he had observed her dialing on July 29th, and again he heard her speak the name of the horses, the track and the amount of the bet into the telephone. The number dialed was AT-44722. On the morning of August 3rd the investigator observed defendant Stanley and appellant Cordon sitting in a booth in a coffee shop and observed them leaving it together. He again observed them leaving the same coffee shop on August 6th. In each instance they were engaged in conversation. On October 21st (the occasion of placing the bet alleged in Overt Act No. 3) Mrs. Stanley informed the investigator that the man with whom she met at the coffee shop was George Cordon; that at these meetings she gave him money or he gave her money; that Cordon “is the person she books for”; that he was a good person to book for and that he “treated her real good.” She further stated that Cordon had collected money which was owed for a bet which she had accepted on credit. ,