People v. Davis

SHINN, P. J.

Appellant and defendant Willis were jointly accused by information with one count of bookmaking, a second count of occupying a building containing betting paraphernalia for the purpose of recording or registering bets, and appellant was further charged in Count III with a violation of Penal Code section 337a, subdivision 5, in that she permitted Willis to occupy the premises for bookmaking purposes. To these charges appellant pleaded not guilty.

In a non jury trial appellant and defendant Willis were found guilty as charged in the second count and not guilty as to Counts I and III. Proceedings were thereupon suspended and appellant was granted probation for five years, one of the conditions thereof being that she pay a fine of $250. Appellant’s motion for a new trial was denied and the court pronounced judgment of conviction. This appeal is from the judgment of conviction (order granting probation).

One James Kline, a Deputy Sheriff of the County of Los Angeles, was the arresting officer and one whose testimony was most significant in leading to appellant’s conviction. He testified that he had heard “rumbles” or rumors along Central Avenue in Los Angeles that certain stores were engaged in bookmaking activities. He went to the vice detail files in his office and after a careful perusal of these files came to entertain a strong suspicion that bookmaking was being con

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ducted at 8456 South Central Avenue. This information coupled with the “rumbles” he had heard led him and some fellow officers to investigate the above location.

The subject store was located in a commercial building and it was licensed to do business as a smoke and tobacco shop and was open to the public. On January 21, 1961, Kline and two other deputies went to the store at about 3 p. m. and commenced a surveillance which lasted 20 minutes. During the course of their observation they noted that four or five people entered the store. Kline testified that none of these people appeared to have in his possession paraphernalia commonly connected with bookmaking in the Los Angeles area.

The officers went to the store, opened the front door and walked in. Immediately inside the front door was a portion of the store containing a glass counter and an old cash register. There was no one in this front section nor did the premises appear to be those of a store engaged in commerce. Behind the glass counter was a wooden partition containing a glass window and a doorway. The glass counter ended short of the doorway, which was not obstructed by a door or curtain. There were some used articles in the glass counter but none of the merchandise appeared to be for sale.