People v. Manning

WHITE, J.

By an information filed in the superior court appellant was charged with violation of subdivision

2

of section 337a of the Penal Code, which denounces as a crime,

[42]

among other things, the keeping or occupancy, for any period of time whatsoever, any room, tenement, etc., with books, papers, or other devices or paraphernalia for the purpose of recording or registering bets or wagers upon the result of any horse race. . When the case was called for trial a jury was waived, and by stipulation the cause was submitted to the trial judge upon the transcript of the testimony adduced at the preliminary examination and the exhibits introduced thereat. Appellant was adjudged guilty, and from the judgment pronounced against him he prosecutes this appeal.

The pertinent facts are that on June 2, 1939, at about 11:30 o’clock in the morning, police officers forced open the door of a residence in the city of Los Angeles and found therein two persons, the defendant and his wife. On a table in the living room the officers found four telephones, and in the fireplace where the ashes are put were found certain paraphernalia denominated as betting markers and run-down sheets. There was also a National Scratch Sheet, which contained information concerning races to be run on that same day, June 2d. Also found in the room was a teleflash connected to the radio, although it was not in operation at the time the officers came in. Certain other paraphernalia testified to as being used in connection with the acceptance and recordation of bets on horse races was also found in the house. Following discovery' of this paraphernalia, the officers had a talk with the defendant- in which the latter stated that he had been working there about six months and that he took in about $400 or $500 worth of bets each day; that he was in business for himself.

It further appears from the transcript that a police officer was permitted without objection to testify that he was familiar with the paraphernalia in question; that it contained the names of horses that were racing on that day at various race tracks and also contained notations as to the amounts wagered and information as to whether the bet was placed for the horse to win or run second or third in the race. Illustrative of this type of testimony is the following: