People v. Steffano

FOX, P. J.

Defendant was convicted of violating Penal Code section 337a, subdivision 1, bookmaking; subdivision 2, unlawfully occupying a residence with paraphernalia for the purpose of recording bets; and subdivision 4, unlawfully recording a bet. She has appealed from the judgment and sentence.

Some time prior to January 6, 1959, Officers Lopez and Tucker, of the Los Angeles Police Department, investigated an official vice complaint concerning 4105 Montclair Street, which was one unit of a triplex. They determined that no bookmaking activities were being carried on there. While they had 4105 under observation, Officer Lopez, on several occasions, saw unidentified men entering 4109 Montclair (another unit of the same building), remain a short time, and then leave. The latter address was under observation approximately half a dozen times over a period of about two weeks.

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At approximately 3:20 in the afternoon of January 6, 1959, the officers went to the rear of 4109 Montclair. Officer Lopez noticed that all the blinds were drawn; one, however, did not completely cover a window, so that it was possible to see into the house. He observed defendant through this window. The rear door had glass panels covered by a drawn shade, which was quite worn and frayed in places so that it did not completely cover the glass panels. Officer Tucker observed defendant through the glass panel on the left side of the door as he was facing it. Defendant was seated at a table in the kitchen with her back to the officers. They observed a telephone, a copy of the National Daily Reporter scratch sheet, and several other papers on the table. Lopez heard the telephone ring and observed defendant answer it, but he could not hear the conversation. Defendant, however, appeared to be listening and also appeared to make notations on the National Daily Reporter. Tucker went around to the front and knocked on the door, while Lopez remained at the back and continued to observe the defendant. A few seconds after Tucker went around to the front, Lopez observed defendant leave the kitchen and go into another room. Tucker saw the blind on the front door being pulled aside a few seconds after he had knocked. He identified himself as a police officer to defendant, and displayed his badge. The blind then closed. Officer Lopez, who was still at the rear, observed defendant return to the kitchen immediately, pick up some papers on the table where she had been sitting, and place them underneath the kitchen stove. She then left the kitchen again. About a minute and a half later, defendant returned to the front and opened the door. Officer Tucker told defendant that he had received a complaint for bookmaking and would like to come in and talk to her about it. Defendant said, “All right; come on in. ’ ’ Officer Tucker thereupon entered the house. He then went into the kitchen, where the saw the telephone and a daily newspaper on the table. He opened the rear door and Officer Lopez entered. Lopez went over to the stove where he recovered the National Daily Reporter, dated that day, and other papers which were under the stove, among which was a white piece of paper with several notations on it. These notations were compared with the issue of the National Daily Reporter, which he had retrieved. It was his expert opinion that these notations indicated that wagers had been placed on various horses running at different race tracks throughout the United States. It was after the scratch sheet and other papers were found