People v. Gray

WOOD, P. J. In count 1 of an information, defendant Gray, one Lane, and one Loenbruck were accused of violating section 337a, subdivision 1, of the Penal Code (bookmaking on result of horse racing). In count 2, Lane and Loenbruck were accused of violating subdivision 2 of said section (occupying a bar room with paraphernalia for purpose of recording bets on horse racing). In count 3, defendants Gray, Lane, and Loenbruck were accused of violating subdivision 3 of said section (receiving and forwarding money bet on horse racing). In count 4, Lane was accused of violating subdivision 5 of said section (permitting Loenbruck to occupy a room for purpose of recording bets on horse racing).

Lane’s motion to dismiss was granted. Trial by jury was waived as to Gray and Loenbruck. Upon stipulation the cause was submitted on the transcript of the preliminary examination, subject to the right to offer additional evidence. Gray was adjudged guilty on count 1 (bookmaking) and not guilty on count 3 (receiving money). Loenbruck was adjudged guilty on counts 1 and 3. Gray appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment.

During a period of several weeks prior to the arrest herein on April 22, 1954, Officer Bovenseip had spent considerable time in a bar, in Van Nuys, known as The Club. He told the operators of the bar that he worked for the gas company. On April 4, 1959, he saw defendant Lane behind the bar. A few minutes thereafter Lane went into the rear office and used the telephone. The officer went into that room and, after telling Lane that he wanted to wager on a horse, he gave Lane $6.00 and a slip of paper on which was written the name of a horse, the number of the race, and amount of the bet. On April 6 the officer telephoned the bar and talked with Lane and Loenbruck, and made an appointment to meet Loenbruck that afternoon. At the appointed time the officer went to the parking lot at the rear of the bar and sat with Loenbruck in Loenbruck’s automobile and talked about horse racing. Then the officer gave him two wagers on certain horse races, and also gave him $5.00.

[628]On April 22, about 12:30 p.m.,' the officer went to the bar and, after giving three wagers to Loenbruck, he said that he would like to get a telephone number where he could make wagers without having to contact anyone personally. Loenbruck replied that if the officer would give him $50 he would give the officer a telephone number where the officer could place wagers up to $75; or if the officer would give him $100 the officer could place wagers, at that number, up to $150. About 2 p.m. of that day, the officer returned to the bar and gave Loenbruck $50, and Loenbruck gave him telephone number HOllywood 7-6896, and told him to say, when he called that number, "Bob for number one, ’ ’ and then to immediately start giving the ‘ ‘ action. ’ ’ Loenbruck explained that he was number one and that other persons were number two, three, and four. On that same day the officer checked that telephone number and found that it was registered to Paul Gray at 1825 Cahuenga Boulevard, apartment 308-A. Then Officer Bovenseip and his fellow officers went to said address and some of his fellow officers kept the apartment house under surveillance, and another fellow officer (inside the house) kept the apartment 308-A under surveillance, while Officer Bovenseip went to a telephone just north of the apartment house and placed a call to telephone number HOllywood 7-6896. Before Officer Bovenseip went to the telephone, the officers adopted a plan whereby Officer Bovenseip, after telephoning the number, would give a signal to the other officers to proceed to make the arrest.