People v. Russell
People v. Russell
Opinion of the Court
Defendant was convicted of a violation of Penal Code, section 337a, subdivision 2, in that he kept and occupied a house with papers and paraphernalia for the recording of wagers upon the result or purported result of horse races. He appeals from the judgment and sentence. His only point is that the evidence is insufficient “to connect the defendant with the corpus delicti.”
The evidence follows. On December 16, 1948, about 2 p. m., three deputy sheriffs entered a private residence in Watts. Defendant opened the door to let them in. They pro
One of the officers asked defendant if he had written on the betting markers. Defendant replied, “Well, I don’t think I have written any of these today.” The officer asked, “This is your residence?” Defendant replied, “Yes.” The officer asked defendant, “If he was in back of this bookie business?” Defendant said, “yes, that it was his own and that he was the recognized bookie.” Betting markers dated prior to and after December 16, 1948, were also found in the room by the officers.
The foregoing was sufficient to establish defendant’s connection with the offense charged. (People v. Kelley, 22 Cal.2d 169 [137 P.2d 1]; People v. Allen, 22 Cal.2d 191 [137 P.2d 439]; People v. Warnick, 86 Cal.App.2d 900 [195 P.2d 552].)
The appeal from the sentence is dismissed. The judgment is affirmed.
Shinn, P. J., and Wood, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.