People v. Childs

SHINN, P. J.

Appellant was accused by information with one count of bookmaking, one count of unlawfully keeping and occupying a house for the purpose of recording and registering bets on horse races, and one count of having recorded and registered a bet or bets on horse races. To these charges appellant pleaded not guilty.

At the time of trial the matter was submitted for decision on the testimony contained in the transcript of the proceedings had at the preliminary hearing, subject to the usual stipulations and to all legal objections by appellant. The People introduced no further evidence, appellant testified in his own behalf and in a non jury trial was found guilty as to all counts. He now appeals from the judgment (order granting probation) and from an order denying his motion for a new trial.

On February 22, 1961, Officer Richard W. Atwater of the Los Angeles Police Department, a qualified expert as to bookmaking activities, was told by a fellow officer that a telephone call had been received from an anonymous party who had stated that “by dialing PLeasant 3-2801 I would be able to place a wager on horses running at various tracks throughout the U.S.A.; and that upon calling, I would first be greeted by a female voice, and then the phone would be turned over to a male voice. ’ ’ Other officers in the department checked with the telephone company and ascertained that the phone was listed to Miss Irma Milner at 7021 South Denver in Los Angeles.

On the afternoon of February 22, 1961, Atwater and his fellow deputies went to the vicinity of the suspect address. The deputies kept the front and rear entrances to that place under surveillance. Atwater stationed himself in a phone booth about three doors away and located in a service station lot. He dialed PLeasant 3-2801. A female voice answered. Atwater said, “This is Dick for Joe.” The female voice stated, “Just a moment,” and at that time a male voice came on the line. Atwater then attempted to place a wager but was unsuccessful. He returned to the other deputies and related what

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had just occurred. The officers thereupon proceeded toward the suspect address for the purpose of interviewing the occupants and to determine if the telephone was located therein. They had no warrant of arrest or search warrant.