Hendrix v. Superior Court

THE COURT. Defendants Hendrix, Young, Moss and St. John were charged in six counts of an information with violation of Penal Code, section 337a. In Count I they were charged with conspiracy to violate said section, in violation of Penal Code, section 182. The other counts charge violation of section 337a, subdivisions 1, 2, 4, 5 and 6.

The motion of Hendrix and Young to set aside the information on the ground that they had been committed without reasonable or probable cause was denied (see Pen. Code, § 995), and they now seek a writ of prohibition to prevent further proceedings against them. (See Pen. Code, § 999a.) It is the contention of petitioners that the evidence was insufficient to hold them to answer for any of the offenses charged.

At the preliminary hearing, Donald R. Jones, police officer of the city of Downey, testified that he knew defendant Young to be a convicted bookmaker. On the morning of December 4, 1961, he followed Young and observed him enter and leave various bars in the city of Downey, remaining just a few moments. Officer Jones said that these activities indicated to him that Young was involved in bookmaking and made him suspicious. On December 5, Officers Jones and Fowler followed Young to 8831 Rosecrans, an apartment building, where Young was observed to park his car on the lot and enter apartment Number 7. The apartment was kept under surveillance for the next two days and both Young and Hendrix were seen entering and leaving at various times.

An investigation by the police revealed that the apartment was rented to Hendrix under the name of Ray Williams, and that the telephone at that location was in the name of James Long.

On December 11, petitioners were also seen going to and from a residence of 5602 Autry Street, Lakewood.

On December 14, the officers stationed themselves so that they could observe the residence on Autry Street and could also see a pay telephone booth about a block away. Officer Miller entered the telephone booth and placed a call to a telephone number given him by Deputy Sheriff Scholten. A male voice answered. Miller stated, “Lucky,” the male voice replying, “Strike. Go ahead.” Miller then stated, “This is 634. At Tanforan in the 2nd I would like Stylish Maid, 2 [424]across. And in the 4th I would like Dark Way, 5 to win.” The male voice replied, “Okay.” Miller thereupon signaled to the other officers that the bet had been accepted by the prearranged signal of the waving of a handkerchief. The officers then proceeded to the 5602 Autry address and forced entrance into the house.