People v. Shapiro

WHITE, J. In an information filed by the District Attorney of Los Angeles County, all of the defendants were charged in count 1 with a violation of subdivision 2 of section 337a of the Penal Code; count 2 charged them with the offense denounced by subdivision 4 of the same Penal Code section; while in count 3 the defendants were accused of violating subdivision 1 of the same section. The defendants pleaded not guilty, waived trial by jury, and the cause was submitted to the court upon the transcript of the evidence adduced at the preliminary examination. All defendants were acquitted as to counts 2 and 3, and with the exception of appellant were found not guilty on count 1, the latter being found guilty of the offense charged in said count 1. His motion for a new trial was denied. He appeals from the judgment and the order denying his motion for a new trial.

Generally speaking, subdivision 2 of section 337a of the Penal Code, which forms the basis of count 1 upon which appellant was convicted, makes it unlawful, among other things, for any person to keep, maintain or occupy any room, apartment, etc., equipped with books, papers, devices, appa[62]ratus or paraphernalia for the purpose of recording bets or wagers on horse races.

The factual background of this prosecution may be thus summarized: Police officers entered a room located in an apartment house in the city of Los Angeles, where they found appellant seated at a table. On the table was a cash book, with $25.60 in change on top of some betting markers and collection sheets. In the cash book were found similar collection sheets. Several yellow sheets also were found on the table. At the trial it was stipulated that one of the officers was qualified to testify as an expert in connection with the business of bookmaking, and he identified the various sheets as collection sheets and totalized betting markers. Behind the davenport the officers found a file containing several papers, and under the davenport and a chair were found several scratch sheets, while additional scratch sheets were found on the premises. Certain numbers appearing on one of the prosecution’s exhibits, when compared with the scratch sheet for July 30, 1941, showed that they referred to various horses racing at Rockingham and Arlington Parks, the amounts of various bets and the information whether the bettors won or lost. Other numbers on People’s exhibits above referred to, when compared with scratch sheets for July 26th, showed that such numbers also referred to various race horses running on that date. As the officers were about to enter the apartment, defendant Myra Durschlag opened the door from the inside. She held a purse in her hand, which contained among other things a blue notebook and a sheet of white paper. The officers also found a scratch sheet for August 1, 1941, in a car registered to the last-named defendant parked in front of the premises. On one of the collection sheets appeared the word “Myra.” This was written in pencil at the top and showed various collections from and payments to different persons, with a net balance of $25.60, which it is to be noted is the identical amount of money found on the table at which appellant was seated. The officer found similar names on the paper taken from Myra Durschlag’s purse and the daily account sheets containing the names of various bettors which were found in the file. Shortly after the entry of the officers into the room defendant Joe Durschlag arrived. Police officers took a yellow collection sheet and two betting markers for August 1, 1941, from his pocket. When compared with the scratch sheet for August 1,1941, the officer found the numbers