People v. Harris

DORAN, Acting P. J.

Defendant and appellant, Harry L. Harris, was charged in an information filed by the district attorney, in count I thereof, with the violation of subdivision I of section 337a of the Penal Code, which is in effect “engaging in bookmaking”, and in count II with the violation of subdivision 3 of the same code section, that is, the receiving of money ,to be used as a wager upon the result of a horse race.

At the trial in the superior court a jury was duly waived by the defendant and, by stipulation, the cause was submitted upon the transcript of the evidence adduced at the preliminary hearing, and the exhibits introduced therein. The defendant was adjudged guilty as charged in both counts of the information. A motion for a new trial was made and granted

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as to count I and denied as to count II. Plaintiff, the People, gave oral notice of appeal from the order granting the motion for a new trial as to count I, which appeal was subsequently dismissed by stipulation of counsel for the respective parties.

Defendant appeals from the judgment rendered, and from the order denying the motion for a new trial as to count II.

The transcript of the evidence adduced at the preliminary hearing revealed the following. On March 25, 1940, at about 1:00 o’clock P. M., Police Officer Guy Wilkinson was in the vicinity of Third Street and Broadway, in Los Angeles. He observed the defendant moving from one side of the street to the other. Several men approached the defendant and the latter took a scratch sheet from his pocket and showed it to these men and was seen to make notations. The officer noticed one of the men, whose name he did not obtain, look at a scratch sheet that defendant showed to him. This individual handed a dollar bill to the defendant, who then crossed the street and approached the entrance of an office building. Using a telephone located in the entrance, defendant dialed a number and the officer heard him say: “I want a parlay on 864 to 888, $1 to win. ’ ’ The officer placed the defendant under arrest. A scratch sheet was found in defendant’s possession, and Officer Wilkinson checked thereon the numbers which he had heard the defendant give over the telephone. Number 864 was the number given to a horse named Moonish running in the fourth race, and number 888 was a horse named Potranco running in the fifth race, at Oaklawn Park on that day. The officer identified a piece of paper with notations thereon which he also obtained from the defendant’s possession, and stated that it was an “A B C betting marker” used by bookmakers in recording bets, the columns thereon indicating win, place and show.