People v. Lewis

GRIFFIN, J.

Defendants and appellants Jack Gordon Lewis and Sidney Earle Almgren, and defendant Wesley Bernard Ambrose were jointly charged with violating section 337a, subdivision

2

of the Penal Code in that they occupied a room with paraphernalia for the purpose of recording bets upon the result of horse races. Ambrose pleaded guilty. The other defendants were convicted by a jury and the trial court suspended imposition of sentence for one year and imposed a fine of $200 each as a condition of probation.

The building described in the evidence consisted of a building mart in the nature of a small business center. Behind this building was a mill room and two store rooms which extended along the north side and across the width of the entire building. The floor of the mill room was of concrete and on a higher plane than the level of the main floor. Leading from the floor of the mill room down four or five steps, approach is made to a toilet marked “Women.” Adjoining the toilet room was another room which could be entered only by passing through the toilet room. This room

[348]

was in the nature of a secret chamber and was closed off from the toilet by the insertion of two panels which, when in position, gave the appearance of a blank wall and was evidently constructed for the purpose of carrying on race-horse betting by phone. Off of this same secret room was located another toilet with no outside entrance.

On February 19, 1948, Deputy Sheriff Ashley and other fellow officers (being informed of the nature of the room and of the alleged illegal operation) went up the alley in back of the building and through the mill works room, where several employees were working, including a young man described as a “hunchback,” who was working near the head of the stairway. Apparently the officers were scouting around for about 15 minutes endeavoring to find an entrance to the secret room. They later discovered the “hunchback” coming up the stairway out of the “Women’s” toilet. They also saw one or two other persons on this same stairway at different times. Ashley testified that just as he started down this short stairway the three defendants “were filing out, single file,” through the toilet marked “Women”; that one of the defendants was near the first step, one in the toilet room and the last one was coming through the secret panel doorway, which was then opened. Officer Earnest brushed by the defendants, went into the secret room, and saw flames bursting forth from the toilet bowl in that room. Scorched papers were rescued and other papers and paraphernalia which were later identified by an expert as typical of paraphernalia used by bookmakers in that community, were found and admitted in evidence. The room was filled with smoke. Three card tables were lined up against the wall with telephones on each table. The wires thereto had been cut and parts of the phone had been hidden in the toilet. Ashley brought all three of the defendants into the room and ordered defendant Lewis to hook up the wires. They were replaced by him and the missing parts were produced and service was resumed. In a short time the phone began to ring on numerous occasions and the deputies answered the phones. Several alleged patrons unknowingly attempted to place bets with the officers. In fact the lines became so busy the officers asked the defendants if they didn’t want to answer the calls. “They just laughed.” These phones were installed on November 11, 1947, and were listed under the name “Rebman Grain & Produce Service.” On February 19, 1949, service was disconnected for the reason: “Questionable business.”