People v. Kahre

[682]

Opinion

ROTH, P. J.

William Kahre and two others charged by information on five of seven separate counts, with conspiracy to commit bookmaking (Pen. Code, § 182), engaging in bookmaking (Pen. Code, § 337a, subd. 1), recording and registering bets (Pen. Code, § 337a, subd. 4), and accepting bets (Pen. Code, § 337a, subd. 6), was found guilty on counts 1, 2, 6 and 7. Proceedings were suspended and Kahre was placed on probation. He appeals from the “judgment and sentence” thus rendered.

A preliminary hearing was held on January 26, 1968. Appellant and two codefendants were held to answer. Appearing on March 21, 1968, in response to the above information, the appellant and his codefendants waived trial by jury and submitted the case on the transcript of the preliminary hearing. No new evidence was offered. There is no question as to regularity of the waiver and the stipulated submission. Trial was held on June 21, 1968. Motions under Penal Code, sections 995 and 1538.5 were denied.

On September 23, 1967, Officer Sullivan of the Los Angeles Police Department went to appellant’s apartment in North Hollywood with a search warrant. Sullivan with several other officers, was acting pursuant to a plan to effect the arrests of appellant and his codefendants.

Without knocking or identifying himself, Officer Sullivan forced entry into appellant’s apartment. As he entered, appellant was wiping the top of the kitchen table with a blue sponge. Officer Sullivan, stipulated to be an expert in bookmaking activities, testified that he believed appellant was in the act of wiping writings off the table top. On the table were copies of the National Daily Reporter and the J.K. Sports Journal with pencil notations.

While Officer Sullivan was in the apartment, he answered calls received on two telephones, and in response thereto, wrote down “numerous” bets on football games and horse races. The persons calling in the bets identified themselves with various code names.

The information obtained by Sullivan, including the code names, was conveyed to his partners who then effected the arrests of the codefendants. Appellant does not question the sufficiency of the evidence to link his operations with the calls of his codefendants which support his conviction on the conspiracy charge.