People v. Brown

[362]

MOORE, P. J.

Convicted of bookmaking (Pen. Code, § 337a, subd. 1), defendant appeals from the judgment and the order denying his motion for a new trial. He demands a reversal on the ground of the insufficiency of the evidence. He maintains that “no testimony was introduced to establish any of the conversation amounted to a wager on a horse race.”

Prior to his arrest on February 20, 1953, appellant had been under surveillance for about 45 minutes in his own kitchen on Gladys Avenue in Los Angeles by Officer Fusilier of the police force. The officer is an expert in the knowledge of the equipment, methods and practices of the bookmaker in Los Angeles County. He sat in a room adjoining the kitchen and observed the acts of appellant and his visitors. As Mr. Jones entered he was greeted with appellant’s salutation : “My two horses came in . . . Jones come in.” Jones replied, “You owe me seventeen fifty—no, it was forty—no, it is thirty.” Thereupon, appellant delivered some currency to Jones. The statement that his “two horses came in” indicated a bettor was talking and his horses had won.

At 3 :05 p. m. Messrs. A and B entered. Appellant asked: “Which one do you want?” Mr. A replied: “Seven, Bar Key,” and passed to appellant some currency. Two minutes later Mr. B said: “I will take that one,” and pointed to certain papers on the drainbroad which appellant had taken from the curtained space beneath the sink. They included a newspaper, a National Daily Reporter

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and a green sheet.

After a few minutes had passed, Madam X entered and engaged appellant in conversation. She laid some bills on the drainboard and said: “Terry’s Man, five on it.” At that appellant pulled some white sheets of paper from his stocking, placed them on the Daily Reporter and with a pencil went through the motions of writing. The stack of currency on the drainboard contained about ten bills. Appellant took them and wrapped them around other currency he removed from his pocket to which he returned the augmented roll.

About 3:30 p. m. the officer saw Mr. C hastily enter the kitchen and yell out: “Sam it’s a raid.” At that signal, appellant inserted the small pieces of paper into his right stocking, picked up the other papers and restored them to their earlier shelter behind the curtained area beneath the sink as other officers entered. Appellant was then placed under arrest and searched. From his right stocking the officers re