People v. Cuda

FORD, J.

Each of defendants Cuda, Ciceroni and Trentini appeals from a judgment of conviction of criminal offenses. The appellants, together with others, were charged in count I of the information with the crime of conspiracy to violate section 337a, subdivisions 1, 2, 3, and 4, of the Penal Code, in violation of section 182, subdivision 1, of the Penal Code. In count II of the information, the appellant Cuda was accused of the crime of violation of section 337a, subdivision 1, of the Penal Code, and in count III with the crime of violation of section 337a, subdivision 2, of said code. In count VII, the appellant Ciceroni was charged with the crime of violation of section 337a, subdivision 1, of the Penal Code; in count VIII, he was charged with the crime of violation of section 337a, subdivision 2, of said code; and in count IX, he was accused of the crime of violation of section 337a, subdivision 3, of said code. In count XIII, the appellant Trentini was charged with the crime of violation of section 337a, subdivision 1, of the Penal Code, and in count XV he was accused of the violation of section 337a, subdivision 3, of said code.

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Bach appellant entered his plea of not guilty. At the time of trial, the appellants duly waived trial by jury. It was stipulated that the cause should be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing. Bach appellant was found to be guilty as charged except that appellant Ciceroni was found to be not guilty with respect to count VIII.

Since appellants attack the sufficiency of the evidence, it is necessary to state it in some detail. Dorothy Pettigrew, a policewoman, testified that about 11:15 a. m. on or about September 13, 1958, she saw the defendant Ciceroni at a café located at 1135 North Mission Road, Los Angeles. She approached him, addressed him as “Johnny” and told him, “I would like two across the board on Heels A’Plying at Pomona. That is the 5th race at Pomona.” He inquired as to the person who had sent her and, to the witness’ reply, said, “Oh yeah, I know her.” The officer further said, “I want two to win on Speedy Mayhem in the 9th race at Pomona.” She handed the defendant one five-dollar bill and three one-dollar bills and he went into a room in the back of the café. The witness testified that Pomona is a race track where horse racing was conducted and that the two horses she had named were horses running at the track on that day. She further testified that on September 19, 1958, she went to a bar, the 1141 Club at 1141 North Mission Road, Los Angeles, at about 10:45 a. m., after having made a record of the serial numbers of three one-dollar bills. She asked for “Johnny” but left when told he was not there. About five minutes later, the witness returned and said to the woman who was acting as bartender, “I can’t wait for Johnny because I don’t know if he will be back. I want $1 to win and $2 to place on Early Choice in the second race at Bay Meadows, ’ ’ and handed the woman three one-dollar bills. The woman, later identified as Mrs. Morales, said, “You had better write that down.” At that time appellant Trentini came up to the officer and said, “No, no, let me have it.” He took the money from Mrs. Morales, put it in his pocket and asked the witness what she wanted. She said, “$2 to place and one to win on Early Choice in the 2d race at Bay Meadows.” As the witness was leaving the bar, she looked back and observed appellant Ciceroni coming into the bar. She went back and repeated the wager to him. He said, “O. K., I have it.” This was in the presence of Trentini. She