In a jury trial O ’Herrigan was convicted of four offenses of violation of section 337a, Penal Code, namely subdivision I (bookmaking), subdivision II (occupancy of residence for the purpose of bookmaking), subdivision IV (recording a bet or bets) and subdivision VI (accepting a bet or bets). He made a motion for a new trial which was denied and he appeals from the judgment and the order. The sole contention on the appeal is that the evidence was legally insufficient to justify the verdicts.
Since we must accept that view of the evidence which tends to support the verdicts, even though it be contradicted by evidence favorable to the defendant, the jury was required to draw reasonable inferences from the following facts: At premises numbered 11432 Elliott Avenue in El Monte there is
The brief on the appeal is merely an attempt to reconcile the facts established by the evidence with the innocence of the defendant. • It fails to dissipate the reasonable inferences which pointed to defendant’s guilt. There is no need for us to elaborate upon them. The actions of defendant were characteristic of the activities of small-time bookmakers. Instead of using a telephone in the premises, defendant received calls at intervals of about 20 minutes, and although these activities might have been innocent, they did not stand alone. The testimony of the officers that defendant accepted a bet with money to cover it and made a notation thereof on the leaf of a notebook established to the exclusion of any other reasonable explanation that defendant was engaged in actions which constituted violations of law as charged in the information. We need only say that in view of the evidence we have related a reversal of the judgment would be without precedent.
The judgment and the order denying motion for new trial are affirmed.
Wood (Parker), J., and Vallée, J., concurred.
