People v. Russell

[735]

LILLIE, J.

Defendant was found guilty of a violation of section 337a, subdivision 2, Penal Code (occupying a house with books, papers, apparatus and paraphernalia for the purpose of recording and registering horseracing bets). He appeals from the judgment of conviction.

Acting on information from a sergeant in administrative vice that by dialing a certain telephone number bets could be placed on numbers and horses, Officer Hubbard determined from the telephone company that the number was registered to a woman at 11616 South San Pedro. On June 1, 1962, around 1 p.m., while his partner, Officer Nishimura, “staked on” the address, he went to a telephone near by and dialed the number; a male voice answered and the following took place:

Officer, "Hello. This is Jack. ’ ’

Voice, “Where have you been? I have been trying to get a hold of you. ’ ’

Officer,

‘ ‘

I have got some action for you. ’ ’

Voice,

"Go ahead. ’ ’

Officer, “141 for a dollar.”

Voice, “Wait a minute. You have got numbers, not horses. Wait until I get my other sheet.” After a slight delay the voice came back and said, “Okay. Go ahead.” The officer gave him number 141 for a dollar at the same time giving by radio a prearranged signal to his partner “to go ahead”; he continued to give other numbers and amounts until he heard a loud noise, then his partner’s voice, through the receiver. He then went to the premises where he found his partner, two officers and the defendant.

Officer Nishimura, on a prearranged signal from Hubbard, proceeded to 11616 South San Pedro; he forced entry and told defendant, standing in the hallway, not to move, they were police officers and he was under arrest. In front of defendant was a telephone with the receiver off the hook. Officer Nishimura picked it up and said, “Hello”; Officer Hubbard answered, “Nish?” and he replied, “Yes. We have got him Hubbard. Come on in.” Defendant’s voice resembled the one with which Hubbard had just conversed over that telephone. They seized numerous papers—betting and numbers markers, numbers bets, and five National Daily Be-porters, for June 1, 1962, and four previous days. (Exs. 1 through 4.) The betting markers and the National Daily Be-porters are commonly used in bookmaking; the other papers