71 Cal. App. 2d 166 | Cal. Ct. App. | 1945
The defendant was tried by a jury on an information charging a violation of subdivision 2 of section 337a of the Penal Code. The jury returned a verdict of guilty and the appeal is taken from the ensuing judgment.
The pertinent provisions of the code section under which defendant was tried declared every person guilty of a felony “Who, whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies for any period of time whatsoever, any room . . . with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets . . .” on the result of any contest of skill, speed or power of endurance.
The sole attack upon the judgment and verdict is that the evidence herein is insufficient. Reciting the evidence
The arresting officer was qualified as an expert witness following five years’ experience, during which he made several hundred arrests in cases of this character and from this experience testified that the premises occupied by the appellant had all the usual and customary arrangements and paraphernalia generally used by “bookies” for recording and accepting bets on horse races. He then explained how the run-down sheets suspended from the pipe over the counter are used for giving information to the bettors and that the duty of the man behind the counter was to take and record these bets. Duplicates of all these records were contained in a recording machine which was found on the premises but when put under arrest the appellant stated that he did not have a key to this machine. This is the only evidence in the entire record which appears in any degree favorable to the
The question of the sufficiency of the evidence is scarcely a debatable one. He was charged with occupying a room, with the paraphernalia used for the purpose of recording bets. He admitted that he was the only one employed on the premises. Twelve other men were in the large room presumably for the purpose of placing bets on the races or viewing the proceedings. That the room was prepared, furnished and maintained for the purpose of recording bets does not admit of argument. Since no other error is assigned we must affirm the judgment on the authority of People v. Hinkle, 64 Cal. App. 375 [221 P. 693] ; People v. Manning, 37 Cal.App.2d 41 [98 P.2d 748] ; People v. Steinfeld, 38 Cal.App.2d 280 [101 P.2d 89]; People v. Roche, 68 Cal.App.2d 665 [157 P.2d 440]; and People v. Partee, 70 Cal.App.2d 736 [161 P.2d 586].
The judgment is affirmed.
Goodell, J., and Dooling, J. pro tern., concurred.