People v. Pertak

DRAPEAU, J. By information defendant was charged with a violation of section 337a, subdivision 3, Penal Code, a felony, to wit: receiving, holding or forwarding bets on horse races. He pleaded not guilty and waived a jury trial. The prosecution’s case was submitted on the transcript of the preliminary hearing; defendant testified in his own behalf and the trial court found him guilty as charged. Thereafter, defendant filed an application for probation and moved for a new trial. The motion was denied, and the court pronounced judgment and sentenced defendant to 180 days in the county jail. Execution of the sentence was suspended and defendant was placed on probation for one year upon condition that he pay a fine of $150 within the first three months of his probationary period.

This appeal is taken from the judgment of conviction and from the order denying the motion for new trial on the grounds:

1. The evidence is insufficient to sustain the verdict and the judgment ;

2. The motion for new trial should have been granted.

Police Officer Shea testified that about 1 p. m. on July 10,1948, while sitting at the bar of a café in Los Angeles, he saw appellant “holding numerous conversations with people who were referring to scratch sheets’’; and that after these conversations appellant would go to the telephone booth and make telephone calls. That on one occasion, a man sitting at the bar near the witness while referring to a Daily News said to appellant: “Give me two to place on Heel Stay to [803]Sea Glory,” to which appellant replied: “What are you doing? Playing the long shots?” and the man said: “Well, yes. Sea Glory is 15 to 1.” That this unknown man then handed appellant a $10 bill, whereupon appellant returned $8.00 in change and went to the telephone booth and made a call. Immediately the witness placed appellant under arrest.

Officer Shea further testified that two national scratch sheets and a racing form for July 10th were on the bar and were being referred to by various persons then in the café, including appellant and the unknown man; that the Daily News was on the bar in front of the man who placed the bet on Heel Stay and Sea Glory, and was open at the front page which listed the entries at Hollywood Park for the day in question, to wit: a horse named Heel Stay running in the first race and Sea Glory running in the second race, with odds 15 to 1.