People v. Hames

SHINN, P. J. Appellant Wallace Hames was accused of three violations of section 337a of the Penal Code, namely, Count I, violation of subdivision 1 (bookmaking), Count II, violation of subdivision 2 (occupying a room with betting paraphernalia), and Count III of subdivision 6 (accepting bets on horse races). In a court trial, under stipulation, the [674]cause was submitted on the transcript of evidence received in the preliminary examination and the testimony of one of the officers who testified at the preliminary and was called by the People at the trial. Defendant was convicted under Count II and Counts I and III were dismissed; his application for probation was granted upon condition that he serve 30 days in the county jail and pay a fine of $250. He appeals from the judgment.

Two points are urged on the appeal, (1) refusal of the court to require the arresting officer to divulge the name of an informant and (2) insufficiency of the evidence to sustain the judgment.

Officer Ferrone testified that he had received information from a confidential informant that bookmaking was being conducted by a male Caucasian named “Wally” through the use of a telephone in a room in the Melba Hotel; he had made five or six arrests on information from the same informant and all the arrestees had been convicted with the exception of one whose case was pending. He stationed himself outside room 302 in the hotel and heard the telephone within ring approximately five times; the third time it rang, he heard a voice say “Hello. Yes, Herman, go ahead. At Del Mar, 9th race, No. 10, six to win, all right.” Again the phone rang and the voice said “Yes, Cliff. Go ahead. Del Mar, 7th race, No. 3, one and one. I got you.” A radio was playing, giving results of a race. The witness demanded admittance which was refused and he forced an entry into the room. Defendant was seated at a desk or table with a telephone in one hand and a pencil in the other. The witness and an officer who accompanied him retrieved several scratch sheets, papers and cardboards containing notations which were identified by the witness as records of some 20 bets on horses. In the presence of the officers defendant responded to a telephone . call saying, “Yes, Cliff. The police are here. I can’t talk.” Defendant stated to the officers that he had been bookmaking for some six years and lived in the room for eight years, was working for himself and was taking in about $600 a day. The officers had no warrant of arrest or search warrant.

Defendant’s counsel requested of the witness the name of the informant; the People objected and the objection was sustained. No motion was made to strike the testimony of the officer. No objection was made to the introduction into evidence of the scratch sheets.