People v. Hughes

JEFFERSON, J. By an amended information, defendant was charged in three counts with bookmaking in violation of section 337a of the Penal Code, subdivisions 1, 2 and 6 respectively. Five prior felony convictions were also alleged. A jury trial was waived an'd the case was submitted on the transcript of the preliminary hearing. The court found defendant guilty as charged. No finding was made on the priors. Motions for new trial and probation were denied and defendant was sentenced on each count to serve one year in the county jail. The sentences were ordered to run concurrently. Defendant appeals from the judgment of conviction.

The facts are as follows: Defendant was arrested on January 25, 1964, in apartment No. 6, 2314 South Raymond Avenue, Los Angeles. On this date Officer Harold Hand of the Los Angeles Police Department arrived in the vicinity of apartment No. 6 and kept it under surveillance for approximately 40 minutes. During this time the officer saw 14 different persons enter and leave the apartment. Three of these persons were carrying papers which he recognized as National Daily Reporters. After making these observations, Officer Hand proceeded to apartment 3 which was located directly below apartment 6. He received the permission of the woman living in the apartment to set up a listening device to attempt to overhear conversations in apartment 6 above. Officer Hand stood on a chair and placed a listening device known as a “Fargo amplifier” against the ceiling. No perforation or penetration of any kind was made in the ceiling. The officer listened to several conversations taking place in apartment 6. He heard sums of money mentioned and the names of horses running at Santa Anita. Officer Hand also heard a voice, which he recognized as that of defendant, say “Okay, Fields. That was Kojo in the fourth race. He’s number 2. Two dollars to win.” He also heard defendant say, “That was Delhi Maid in the sixth race, one dollar to win. Okay, Art, I got you down.” The officer checked a National Daily Reporter which he had in his possession and discovered that there was a horse by the name of [624]Kojo running in the fourth race at Santa Anita, and a horse named Delhi Maid running in the fifth race. The officer, an expert in the field of bookmaking, was of the opinion that a person upstairs by the name of Fields had made a wager with defendant of two dollars to win on a horse in the fourth race; that defendant accepted the wager.

After listening to these conversations, Officer Hand informed his fellow police officers by “walkie-talkie” of what had transpired and asked them to meet him upstairs in front of apartment 6. Upon meeting the officers, Officer Hand knocked on the door which was opened by defendant. The officer told defendant, “You’re under arrest. You’re going to jail, John. ”