People v. Demery

HERNDON, J.

In two informations filed by the District Attorney of Los Angeles County, appellant was charged with three separate violations of Penal Code, section 337a (bookmaking) in that: (1) on March 24, 1959, appellant recorded a bet in violation of subdivision 4 of said section; (2) that on March 28, 1959, appellant violated subdivision 2 by keeping or occupying a place with paraphernalia for recording bets; and (3) that on March 28, 1959, appellant recorded a bet in violation of subdivision 4 of said section.

The charges contained in the two informations were consolidated for trial, jury trial was waived, and the cause was submitted to the court on the transcript of the evidence received at the preliminary hearing. Appellant was found guilty on all three charges, and he now appeals from the judgment of conviction.

Appellant’s primary contention is that the evidence against him was obtained as the result of an illegal search and seizure, and was therefore improperly received at the trial. This contention is wholly devoid of merit for the sufficient reason that no objection was interposed at the trial to the admission of any of the incriminating evidence. No question of illegal arrest, search or seizure was raised in the trial court. It is settled law that such objection cannot be raised for the first time on appeal.

(People

v.

Richardson,

51 Cal.2d 445, 447 [334 P.2d 573] ;

People

v.

Goldberg,

152 Cal.App.2d 562, 572 [314 P.2d 151] ;

People

v.

Williams,

148 Cal.App.2d 525, 532 [307 P.2d 48].)

Appellant’s second major contention is that the evidence is insufficient to sustain his conviction. A recital of the evidence favorable to the prosecution will suffice to demonstrate the lack of merit in this contention.

Officer Robert B. McIntosh of the Los Angeles Police Department testified that on March 24, 1959, he and another officer were investigating vice conditions in the vicinity of 1375 East Yernon. In the course of this investigation, they entered appellant’s premises, a one-story brick building housing a domino parlor at the above address. Upon entering appellant’s establishment, the officers observed seven men seated at a table in the front room playing dominos. The