People v. Glascock

McCOMB, J. After trial before the court without a jury, defendant was found guilty as charged in count I of the information of violating section 337a, subdivision 1, of the [170]Penal Code (bookmaking and pool selling). He was found not guilty as to count II of the same information which charged him with violating Penal Code, section 337a, subdivision 2. Defendant appeals from the judgment and also the order denying his motion for a new trial.

Viewing the evidence as we must in the light most favorable to the People (respondent) the record discloses that on March 31, 1953, Officers Jewell and Adcock parked their car on the south side of Pico Boulevard about a quarter of a block west of defendant’s cleaning establishment located at 2817 West Pico, Los Angeles. They observed the premises for two and one-half hours. During this period approximately 20 persons entered defendant’s establishment. A large number of them had nothing in their hands when they entered and nothing when they left.

Thereafter the officers entered the premises and searched them. On a table underneath a telephone, Officer Jewell observed many slips of paper, including a white piece of paper with numerals, symbols and lettering on it. Other pieces of paper were yellow with identification on the reverse side referring to Pride Cleaners at the above mentioned address. There was also found a copy of the Daily Mirror, dated March 31, 1953.

In the opinion of a handwriting expert the handwriting on the slips of paper was that of defendant. An officer who was qualified as an expert on bookmaking, book recording and pool selling in Los Angeles testified that bookmakers or pool sellers in the county commonly used telephones, radios, pieces of paper, slates and pencils; that the National Daily Reporter is normally used in bookmaking along with the sport section of daily newspapers; that bets are most commonly recorded by use of telephones or by use of papers. He further testified that in his opinion the white piece of paper found in defendant’s establishment was what is known in bookmaking and pool selling vernacular as an “owe sheet,” a document certifying or showing “that either the handbook owes to the bettor or the bettors owe to the handbook”; that the pieces of yellow paper were what is commonly known as betting markers; that on one of these betting markers there appeared on the first line the figure “5,” then “B,” then “Hash Pie” and the figure “2”; that the “5” meant the race, the “B” the track, “Hash Pie” was the name of a horse; that on the last line of this betting marker was the figure “7,” then “G,” then “Pale Pal,” a dash, and “2-0-2.”