People v. Newman

DORAN, J. Appellants were accused by information of violating subdivision 4 of section 337a of the Penal Code, which declares it to be a felony to record or register bets or wagers upon the result of any trial of speed of man or beast. A jury trial was duly waived and the issue was submitted, by stipulation, upon the transcript of the testimony adduced at the preliminary hearing.

The defendants were adjudged guilty, whereupon defendant Newman was sentenced to imprisonment in the county jail for the term of one year, and the defendant Martin was sentenced to imprisonment in the county jail for the term of six months.

The appeal is from the judgments, and from the order denying appellants’ motions for a new trial. It is urged on appeal that the evidence is insufficient to sustain the judgment.

Certain testimony which reveals the facts is set forth for reasons which will hereinafter appear.

The witness Ginder testified as follows: “Q. You are a police officer, city of Los Angeles? A. Yes sir. Q. And your name is F. Ginder? A. Yes sir, that is right. Q. What division of the police do you serve in? A. Central vice. Q. Did you see these defendants on September 8, 1939? A. Yes, sir. Q. Where ? A. On Winston Street just west of Wall, on the south side of the street. Q. Is that a place in the city and county of Los Angeles ? A. Yes, sir. Q. You say they were in the street? A. On the sidewalk, yes sir. Q. On the sidewalk. Were they in front of any number there? A. In front of a garage, I don’t recall the number. Q. What did you see the defendants doing? A. There was quite a group of men gathered around in front of this garage, [629]and the defendants were both circulating around through these people on the sidewalk and taking money from some of them, making notes in notebooks and giving change. Q. You saw that? A. Yes, sir. Q. Now did you observe any particular kind of a notebook in the possession of either one of the defendants ? A. The defendant Martin was making notes on scratch paper that was already torn out of the notebook, paper about four inches long and two inches wide, ruled paper, and as I approached Martin a man walked up to him and handed him a dollar bill, and he made a notation on a piece of scratch paper and received some change and walked away. As I got a little closer another man approached Martin and said ‘I want to bet fifty cents to win’, but I did not get the name of the horse. He made another notation on that same piece of scratch paper and gave this man fifty cents change from a dollar bill. Then he handed this piece of scratch paper to the codefendant Newman. Q. What did you see Newman do with it, if anything ? A. He then went into the garage which they were standing in front of. Q. Did you see him approach a telephone ? A. No sir, I did not.”