People v. Little

SHINN, P. J. Herman Little appeals from a judgment of guilt of violation of Penal Code, section 337a, subdivision 1, violation of subdivision 2 of the same section, and a violation of subdivision 4. An allegation of the information charging defendant with having served a term in prison following [468]a prior conviction of burglary was found to be untrue. Defendant’s motion for new trial was denied and he appeals from the order of denial and from the judgment.

The sole point on the appeal is that the court committed error in receiving in evidence a copy of the National Daily Reporter and certain papers identified as betting markers which the arresting officers found in defendant’s apartment. It is contended that these papers were obtained by means of an unlawful search and seizure.

There was testimony by police officer Walters that he learned the location of a telephone bearing a number that he had obtained for investigation as an apartment building at 519 West 92nd Street in Los Angeles. He called the number; defendant answered the phone; the officer endeavored to place a bet, was asked by defendant his name; he replied “Sam,” was asked where he got the telephone number and stated from “John,” whereupon defendant said the speaker evidently had the wrong number and hung up. Walters and several other officers went to the door of the apartment, knocked four or five times, announced they were police officers; Walters stated they were informed that defendant was making book on the premises, which defendant denied. Walters said “You won’t mind if we come in and look around, will you?” and defendant replied “Come on in and do whatever you want.” The officers entered and searched the premises. They found torn pieces of paper which when reassembled proved to be a copy of the National Daily Reporter and betting markers in the handwriting of defendant. Upon the discovery of these, defendant was placed under arrest. He admitted to Officer Walters that he had been taking some bets, had made the entries on the betting markers and that he sometimes occupied the apartment. At the same time he stated that the bets indicated on the betting markers were his own.

Since the betting markers admittedly indicated that bets had been made, it was reasonable for the trial court to conclude that they were bets which defendant had accepted from others and recorded. Although insufficiency of the evidence is not urged as a ground for the appeal, it is apparent that there was substantial evidence of the commission of the three offenses charged.