People v. Covert

HERNDON, J.

Defendant appeals from his conviction following a nonjury trial upon an information charging him with three counts of violation of Penal Code section 337a, subdivisions 1, 2 and 6. In substance, count I charged that on or about July 31, 1962, appellant engaged in pool-selling and bookmaking upon the results of a horse race; count II charged that on or about the same date appellant kept' and occupied an apartment located at 6864 Bonita Terrace, Los Angeles, with paraphernalia used for the purpose of recording and registering bets on horse racing; and count III charged appellant with accepting bets on horse races. Defendant’s sole assignment of error is that the evidence is insufficient to sustain the conviction.

The matter having been submitted upon the transcript of the preliminary hearing, with no defense offered, the record is without conflict and may be summarized.as follows: Officer Safford of the Los Angeles Police Department had received information that by dialing a certain designated

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telephone number and using the identification number “372,” he could place a bet on horses running at any track in the United States. The officer ascertained that the address with which the indicated telephone number was identified was 6864 Bonita Terrace, apartment B, Los Angeles.

It was arranged with fellow officers that Officer Salford would call this number from a nearby telephone and, upon placing a bet, would communicate this fact by a signal to the other officers. On the date alleged, at approximately 1:10 p.m., Officer Salford dialed the specified telephone number. He received a busy signal the first three or four times, but, after approximately two minutes of dialing, a connection was made and a male voice answered.

Officer Salford said, “This is 372 and I want a two-dollar bet on the daily double at Del Mar, American Jet in the first to Courageous Miss in the second.” The male voice replied, “Are you sure this is 372?” Officer Salford said, “Yep, and in the third race give me No Pun, two to win.” The male voice then replied, “Okay, go ahead.”

The officer thereupon gave the prearranged signal to his fellow officers and then continued placing bets with the man on the telephone until suddenly the telephone was hung up. The officer, however, kept the line open and remained on the telephone until several seconds later when Officer Wacker came on the line and spoke to him. Officer Salford then hung up his telephone and proceeded to the apartment.