People v. Angell

GRIFFIN, P. J. Defendant and appellant Charles Angell was charged in Count I with a felony, violation of Penal Code, section 337a, subdivision 6 (bookmaking), in that on October 30, 1959, he feloniously accepted a bet and wager upon the result of football games. In Count II defendant Kenneth Billington was charged with feloniously engaging in bookmaking on October 21, 1959, in violation of Penal Code, section 337a, subdivision 1. In Count III, Billington was charged with accepting a bet and wager on a football game on October 28, 1959, in violation of Penal Code, section 337a, subdivision 6. In Count IV, appellant Charles Angell and defendant Kenneth Angell were charged with feloniously engaging in bookmaking and poolselling on October 28, 1959, in violation of Penal Code, section 337a, subdivision 1. In Count V, appellant Charles Angell and defendant Kenneth Angell were charged with feloniously accepting a bet and wager upon the result of football games on or about November 4, 1959, in violation of Penal Code, section 337a, subdivision 6. In Count VI, appellant Charles Angell and defendant Kenneth Angell were charged with engaging in bookmaking and poolselling on or about October 23, 1959, in violation of Penal Code, section 337a, subdivision 1. In Count VII, appellant Charles Angell and defendant Kenneth Angell were charged with accepting a bet and wager on or about October 30, 1959, and in Count VIII, they were charged with accepting a similar bet and wager on November 4, 1959, both in violation of Penal Code, section 337a, subdivision 6.

Before pleading to the information, appellant Charles Angell moved to set aside the information under Penal Code, section 995, which motion was denied, and he entered a plea of not guilty to the offenses charged as to him. After a jury trial, appellant was found guilty on Counts I, V and VIII, and not guilty on the remaining counts. The remaining defendants were found guilty on the several counts pertaining to them. A motion for a new trial was made and denied. Probation was granted for three years, conditioned upon defendants’ serving 30 days in jail. Charles Angell alone appeals from the judgment (order granting probation) (People v. Phipps, 191 Cal.App.2d 448 [12 Cal.Rptr. 681] ; People v. Tetri, 178 Cal.App.2d 385 [2 Cal.Rptr. 795] ; Penal [554]Code, § 1237) and from the order denying him a new trial. The principal question on this appeal is the sufficiency of the evidence to support the verdict as to appellant Charles Angell.

Facts

Charles Angell owned the Ming Bar in Anaheim. His father owned the Melody Inn Bar in Fullerton, which was run by defendant Kenneth Angell. Defendant Billington ran the Sadu Bar in Anaheim. One Jose Ramirez, an investigator for the district attorney’s office in Orange County, went to the Melody Inn on September 29, 1959, during the football season, and saw Kenneth Angell. Ramirez had, in previous years, placed bets with Kenneth, and on this occasion, at his request, Kenneth gave him three football cards. Ramirez chose three football teams on each card, handed Kenneth a five-dollar bill and received two dollars in return. Ramirez did not win on these cards. He returned on October 8, 1959, and bought more cards and did not win. On October 15, 1959, he had a conversation with appellant Charles Angell at the Ming Bar and asked if he had football cards and appellant told Ramirez, “No, I am not going to have them at the Ming. I am scared to run them here. I only have them at one place and that is in Fullerton.” Ramirez solicited permission to have a route in selling for appellant and appellant said, “It could be,” but remarked they are rough on sellers in that vicinity, and Ramirez inquired why and appellant said, “Well it is bookmaking, they can get you for bookmaking. It is a felony . . . That is why I don’t want to run them here. Only at one place, the Melody in Fullerton. ’ ’