People v. Cicchello

SHINN, P. J.

Fred Ralph Cieehello and Sidney Sindell were charged by information in Count I with bookmaking; in Count II with unlawfully keeping and occupying a residence for the purpose of recording and registering bets on horse races; and in Count III with having recorded and registered a bet or bets on horse races. (Pen. Code, § 337a, subds. 1, 2, 4.) Upon the preliminary hearing defendants were committed for trial. They made a motion to set aside the information under section 995 of the Penal Code on the ground that they had been committed without reasonable or probable cause. The motion was granted and the People appeal.

The evidence at the preliminary hearing established the following facts. Gordon D. Evans and Joseph S. Deiro are police officers for the city of Los Angeles assigned to the administrative vice division. Each qualified as an expert witness with reference to bookmaking procedure in Los Angeles. In February 1957, Evans received information from a reliable informant that bookmaking was being conducted over telephone number Dunkirk 2-1944 which was listed at 229 North New Hampshire. The information was that the premises were a “call out spot,” which, in the opinion of Officer Evans, is a place used by bookmakers for the purpose of telephoning bettors and receiving and recording bets.

Evans went to the location on the morning of February 20th. It consisted of an apartment on the second floor of a two-story duplex. There was one entrance, which was located at the top of a flight of stairs on the north side of the building. Sindell arrived at about 10:30 a. m. and Cieehello arrived at about noon. Evans did not see them leave. On the morning

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of February 21st, Evans related to Deiro the substance of the information he had received and both officers went to the location. Cicchello was the first to arrive, followed by Sindell. Defendants left shortly after 6 p. m. in a ear belonging to Cicchello.

The next day, February 22d, Evans, Deiro and several other officers went to the premises at about 9 a. m. Sindell arrived at about 10:30 a. m., Cicchello shortly before noon. The window blinds were drawn and the officers neither saw nor heard any activity inside the apartment; however, no one else was seen to enter or leave during the day. At approximately 6:45 p. m., defendants left the apartment and walked to Cicchello’s car, which was parked on New Hampshire about half a block south of the duplex. Defendants entered the car and made a right turn onto Council Street, where they were stopped and arrested by Officer Deiro. Upon being asked whether he had formed an opinion with respect to defendants’ activities in the apartment, Evans stated: “In my opinion they were conducting bookmaking up there because of the fact that they didn’t live in the apartment. They were coming before racing hours and leaving after racing hours.” In the opinion of Officer Evans, the customary working hours of bookmakers were from 10 a. m. until 6 p. m.