People v. Ray

VALLÉE, J.

In a nonjury trial defendant was convicted of bribery. A motion for a new trial was denied. Probation was granted. Defendant appeals from the judgment (order granting probation) and the order denying a new trial.

At the time in question William S. Biddle was and had been for about nine years a police officer of the city of Los Angeles. In February 1959 he was given a number of locations to check, apparently for bookmaking. Between February and June, while in uniform, he saw defendant “more than once.” In February or March he saw defendant at 2128 South Hooper Street, a business establishment. Defendant approached Biddle and said he wanted to talk to him. Biddle said, “All right.” Defendant said his bookmaking activities at 2128 South Hooper were being hampered by the extensive investigations conducted by the police. He asked Biddle if he had a “hard on for him,” or if he had a personal grudge against him and that was why he was investigating his places so much; Biddle told defendant he was not mad at him, he and the police department “had no hard on for him”; it was part of his duties to conduct bookmaking investigations and he would continue to make them at defendant’s locations. Defendant said, “You sure are hurting my business. Can’t I do anything for you?” Biddle replied, “No, there is nothing you can do for me.” They parted.

On June 22, 1959, Biddle, in uniform, went to an alley in south Los Angeles in response to a radio call. Defendant met him and said he wanted to talk to him. Biddle said he would not talk to him because his field supervisor and other officers were in the area. After handling the radio call, Biddle went to his police vehicle. Defendant walked to the vehicle and this conversation occurred: Defendant: “You sure are hurting my bookmaking business. Isn’t there anything I can do for you? Do you want to take a little take?” Biddle: “What do you mean?” Defendant: “Whiskey.” Biddle: “I am not interested in whiskey.” Defendant told Biddle that if he

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wanted the whiskey he could get all he wanted at a liquor store at 1501 Bast 22d Street.

Between June 22 and 30, Biddle arrested a man named Clemmons on a charge o£ bookmaking at an establishment operated by defendant.

Biddle saw defendant again on June 30,1959, at 2128 South Hooper. Biddle was in the establishment making an arrest of some person and asked “Where’s Tommie Ray?” Defendant entered the premises and told Biddle he would like to talk to him after he was through. Biddle, defendant, and the man under arrest walked out of the establishment. Biddle told the man under arrest to sit in the police car. Biddle and defendant walked to the corner. Defendant asked him why he did not pick up the whiskey. Biddle said he was not interested in whiskey. Defendant: “What are you interested in?” Biddle: “Women.” Defendant: “That can be quite expensive.” Biddle: “That’s right.” Biddle told defendant he did not want to talk to him in uniform while he was working, that if he wanted to talk to him to do it “at an off-duty hour at a designated place.” It was arranged they would meet at a park called South Park in Los Angeles at 10 a.m. on July 3, 1959. Defendant told Biddle he did not want to talk to him in an enclosed building or in either of their vehicles “because of the fear of bugs, ’ ’ the meeting should be a casual one, they would walk through the park and accidentally bump into each other.