People v. Bryant

VALLÉE, J. Defendant was convicted of bookmaking (Pen. Code, § 337a, subd. 1) by the court sitting without a jury. He appeals from the judgment and from the order denying his motion for a new trial. He contends first that the evidence is insufficient to support the judgment.

About 10:30 a.m. on November 26, 1955, Deputy Sheriff Lee and other officers observed defendant in front of the Hide Out Café on Whittier Boulevard in Los Angeles County. An elderly gentleman approached defendant and began a conversation with him. Defendant took a National Daily Reporter from his pocket and the two looked at it together. The gentleman then handed defendant a small piece of paper and some money. Defendant put the piece of paper in his right-hand pants pocket and the money in his left-hand pants pocket.

Within 10 minutes thereafter Murray Bane approached defendant and had a conversation with him. Defendant took the National Daily Reporter from his pocket and he and Bane scanned it. Bane took a card from his pocket and they looked at it. Bane put the card back in his shirt pocket and handed defendant some money.

The officers then approached defendant and placed him under arrest. They took the card from Bane’s shirt pocket and the small piece of paper and the National Daily Reporter from defendant’s hand. The National Daily Reporter was dated November 26, 1955. The card and the small piece of paper were betting markers. Notations on the card referred to a $2.00 win, $2.00 place bet on Gaviota Pass in the third [261]race to be run that day at Tanforan. Notations on the small piece of paper referred to a $1.00 win, $1.00 place, and $1.00 show bet on Dauber Chiekle in the second race and to a $2.00 win, $2.00 place and $2.00 show bet on Turk’s Delight in the eighth race, to be run that day at Tanforan.

Bane told Officer Lee in defendant’s presence that he had given defendant a $5.00 bill, for which he received $1.00 in change for a $2.00 win, $2.00 place bet on Gaviota Pass. Defendant said he had taken the bet, he intended calling it in to a bookmaker, he had not taken any other bets, and that he did not know how he had the small piece of paper in his possession.

There was evidence in contradiction of the foregoing to the effect that defendant did not see the small piece of paper until it was shown him by the officers, that the money handed him by Bane was in payment of a debt, and that the notations on the small piece of paper and on the card were not in defendant’s handwriting.