People v. Owens

WOOD, P. J. In three counts of an information the defendant was accused of violating section 337a of the Penal Code, as follows: In count 1—violating subdivision 1 (bookmaking on horse racing) ; in count 2—violating subdivision 3 (receiving and forwarding money bet on racing); and in count 3—violating subdivision 6 (accepting bet on racing). In count 4 he was accused of grand theft. He denied an allegation of the information that he had been convicted previously of two felonies (grand theft, and violation of § 337a).

Counts 2 and 4 were dismissed, upon motion under section 995 of the Penal Code. Trial by jury was waived, and by stipulation the cause was submitted upon the transcript of the preliminary examination, reserving the right to offer additional evidence. Defendant was adjudged guilty on counts 1 and 3, and was sentenced to one year in the county jail. He appeals from the judgment and the order denying his motion for a new trial.

On August 3, 1960, about 10 a. m., defendant entered Mr. Worthington’s foundry, in Burbank, and told him that a good friend had sent him there to see if he would wager on a horse race. Mr. Worthington replied that he was not interested. Defendant said that he could not mention the friend’s name, but he had a winner “every so often” and that this was.a sure thing. Defendant left the place, entered an automobile, and drove away. A person, who was at the place of business, obtained the license number of the automobile.

On the same day about 11 a. m., the defendant entered Mr. Trego’s machine shop, in Burbank, and told him that he was Jockey Owens and had a sure thing in a race, that a friend had sent him there, and he wanted to know whether Mr. Trego would make a wager. Defendant suggested $500 or $1,000 on a six to one wager. He said that the horse was a cinch in the fourth race of that day. Defendant left when Mr. Trego declined the offer.

On the same day about 10:30 a. m., the defendant entered Mr. McClenan’s electronics shop, in Burbank, and told him that a good friend of Mr. McClenan had placed a $1,000-wager on a certain horse that was a sure thing, and that the friend had sent him there so that Mr. McClenan could make some [777]easy money. Defendant showed “identification” of Jack Owens, an ex-joelcey, but he declined to tell the name of the horse or the name of the friend. Defendant said that it was a sure thing, that he wanted McClenan to make some easy 'money, that the friend placed bets with him all the time, and that defendant took the money to Las Vegas and “put” it there so that it would not ‘ ‘ take the odds down at the track. ’ ’ Mr. McClenan remembered that he had seen defendant at the nearby Worthington Foundry that morning while the “coffee 'truck” was there. Then he told defendant that he would give him a check for $300. A check for that amount, payable to Jack Owens, was prepared and then they went onto the sidewalk in front of the shop where defendant showed him the name of a horse, “Some Bird,” which name was on a scratch sheet indicating that the horse was in the fourth race at Del Mar. Mr. McClenan handed the check (a green check) to defendant, who said that he (defendant) would get one-third of the winnings. The check, which was not cashed, was returned to Mr. McClenan’s office by Police Officer King. (The check was received in evidence as Exhibit 1.)