People v. Jacquaino

BARNARD, P. J. The defendant was charged in three separate counts with violations of subdivision 3 of section 337a of the Penal Code which, so far as material here, makes it a crime to receive, hold or forward any money bet or to be bet upon the result or purported result of a horse race. A jury found him guilty and the court sentenced him to thirty days in the county jail on each count, with sentences to run consecutively. He has appealed from the judgment and from an order denying his motion for a new trial.

The main contention is that the evidence is not sufficient to sustain the verdict and judgment. The three counts on which he was convicted relate to three bets allegedly placed with the defendant by a police officer of the city of San Diego on December 26, 1942, January 4, 1943 and January 8, 1943, respectively.

With respect to these three transactions this officer testified as follows: On December 26, 1942, he entered the Ritz Cafe which was run by a man named Dobie. He approached the defendant and told him that he had been told he could find him there, and that he would like to make a bet on a [392]horse that day. The defendant replied: “Well, I don’t believe I know you. Do you have any sort of identification?” The officer showed the defendant a pass to the destroyer base, where he had formerly been employed, which contained his picture. The defendant looked at the pass and told the officer to wait a minute. He walked outside and returned in a few minutes saying “I guess its O.K. ” The defendant then asked the officer what horse he would like to bet on and the officer replied that he wanted to bet on “Workshop” for the eighth race at Fairgrounds Park and that he would like to play that race $2 to win. The defendant asked the officer for his initials and was told that they were “M. C. ” The officer then gave the defendant two one-dollar bills which the defendant put in his pocket. When the defendant took the money he wrote something on a small scratch pad which the officer was not able to see. While this transaction was in progress there was a Metropolitan Scratch Sheet lying on the bar and the officer had a similar scratch sheet in his hand and the defendant made a comparison between the two sheets.

On January 4, 1943, this officer visited another place called “Cecil’s Grill” and found the defendant seated at the bar. He then told the defendant that he would like to bet on another horse that day and the defendant asked “What is it?”, to which the officer replied: “ ‘Quakertown’ in the sixth race at Tropic Park.” The defendant inquired how he wanted to play the horse and the officer replied that he wanted to play the horse to win. He gave the defendant his initials and handed him a one-dollar bill. The defendant replied: “Well, I will protect that” and placed the dollar bill in his pocket.