People v. Salani

SALSMAN, J. The appellants were indicted by a grand jury and charged with numerous counts of felony. A single count charged appellants with a violation of Penal Code section 182 (conspiracy to violate Pen. Code, § 337a); other counts of the indictment charged appellants with numerous violations of Penal Code section 337a, subdivisions 1, 3, 4, 5 and 6. After trial before the court without a jury, appellants were found guilty on the conspiracy count; appellant Salani was also found guilty on counts 21 through 36, and appellant Conniff was found' guilty on counts 13 through 15, and 17 through 28, all charging violations of Penal Code section 337a. Appellant Salani was sentenced to one year in the county jail on each count on which he was convicted, and appellant Conniff was sentenced to 90 days in the county jail on each of the counts upon which he was convicted. The sentences of each appellant were ordered to run concurrently as to each count.

On this appeal appellants first contend that the evidence is insufficient to support the judgment. There is no substance to this contention as a brief reference to the evidence received at the trial will show.

An investigation of alleged bookmaking was in progress in South San Francisco, and at the request of the police department of that city an inspector for the San Mateo County District Attorney’s office attempted to place bets [838]with various persons on horse races. On June 21, 1961, the inspector went to Sil’s Smoke Shop on Grand Avenue in South San Francisco. There he met one Williams, and inquired about placing some bets on horses. Williams referred the inspector to appellant Conniff. The inspector contacted Conniff, and after some conversation Conniff stated that he would take bets. The inspector then asked that bets be placed for him on named horses in particular races at the Hollywood Park Race Track. Conniff took these bets.

On June 22, 1961, the inspector returned to Sil’s Smoke Shop where he met both appellants. Conniff again accepted bets.

On June 23, 1961, the inspector was again at the same smoke shop and on this occasion placed a bet -with appellant Salani.

On June 29, 1961, the inspector discussed betting with both appellants while at Sil’s Smoke Shop. Conniff declined to take any bets, but appellant Salani accepted bets from the inspector on that day.

On June 30, 1961, the inspector placed several bets with Salani on named horses running in various races at the Hollywood Park Race Track.