People v. Nocita

VALLEE, J. Defendant was found guilty of bookmaking. Proceedings were suspended and he was granted probation. No final judgment of conviction was rendered. An order granting probation is deemed to be a final judgment, and a defendant may appeal therefrom. (Pen. Code, § 1237.) Defendant appeals from the judgment and from the order denying his motion for a new trial. He contends the evidence is insufficient to support the finding that he was guilty and the court erred in the admission of evidence.

In the late afternoon of November 1, 1952, four police officers stationed themselves outside defendant’s residence. They watched the premises for about 20 minutes and then two of them approached the front door. Through the window they observed defendant sitting at a table making notations on small, white cards. There were several white cards on the table. The officers knocked; defendant opened the door; and the officers identified themselves. When they did so, defendant left the front door, proceeded to the rear of the house, and the officers had “to use restraining force to keep him at the premises.” The officers found these articles in the house: on the table, the National Daily Reporter for November 1, 1952, several small pieces of white cards with notations on them, two pieces of paper, each entitled “Nation’s Football Forecasts,” which corresponded to the lower half of the white cards, “a hand telephone number 6266,” several pencils, and a ball point pen; in the kitchen in a circular tin can, two National Daily Reporters, one dated [57]October 31, 1952, the other November 1, 1952, in each of which were “several professional type betting markers” with notations thereon and tally sheets attached; on the dining room table and in a bureau in the dining room, several pads of “professional type betting markers.”

A betting marker usually shows the number or name of the horse bet on; the amount of money bet; whether for win, place, or show; the bettor’s name or initials; and in many cases the name of the agent or bookmaker who received the bet. The betting markers in the National Daily Reporter of October 31, 1952, bore notations of that character on horses running that day, and those found in the National Daily Reporter of November 1, 1952, bore notations of that character on horses running on that day'. An expert identified the National Daily Reporters as scratch sheets. In some instances the scratch sheets indicated whether a horse had won, placed or showed. The expert testified that the marks were made by a person making book.